
Pass 3 K a. 5. 

Bnnk J 2. 8 
Coipglit}s'° 

COPYRIGHT DEPOSm 



(M 



GOVERNMENT IN 
STATE AND NATION 



•>;<»'>' 



GOVERNMENT IN 
STATE AND NATION 



/ BY 

J. A. JAMES, Ph.D. 

PROFESSOR OF HISTORY IN NORTHWESTERN UNIVEHSITY" 

AND 

A. H. SANFORD, M.A. 

PROFESSOR OF HISTORY, STATE NORMAL SCHOOL 
STEVENS POINT, WISCONSIN 



NEW YORK 

CHARLES SCRIBNER'S SONS 

1901 



^K^^ 



-r -; 



THE LIBRARY OF 
CONGRESS, 

Two Copies Received 

NOV. 9 1901 

COPVRIOHT ENTRY 

CLASS «^ XXa No. 

COPY a 



COPYBIQHT, 1901, BY 

CHAKLE8 SCEIBNEE'S SONS 
Published, November, 1901 



TROW DIRECTORY 

PRINTING AND BOOKBINDING COMPANY 

NEW YORK 



PREFACE 

The subject-matter herewitli presented partially rep- 
resents the plan pursued by the authors as teachers of 
civil government for a number of years in secondary 
schools. A study of the actual methods by which the 
affairs of government are conducted gives constant in- 
terest to the work, and consequently the practical side 
has been emphasized. Many problems besides those 
presented in the supplementary questions may be 
worked out from the official reports. 

Scarcely a month passes without the appearance in 
the more noted magazines of articles on phases of gov- 
ernmental activity which have permanent value. No 
attempt has been made to give references to all of this 
material which has appeared during the past ten years. 
The ability of the reader has been kept constantly 
in mind and the intention has been to refer only to 
such articles as would be of value to students in high 
schools, academies, and normal schools. 

We are under especial obligation to some of our 
friends for their critical reading of certain chapters of 
the manuscript. Among others whose aid we thus de- 
sire to acknowledge are : S. E. Sparling, University of 
Wisconsin ; E. A. Greenlaw, Northwestern University ; 



vi Preface 

Victoria A. Adams, Calumet High School, Chicago ; A. 
C. Shong, West Superior High School, Wisconsin ; F. 
R Clow, State Normal School, Oshkosh, Wis. ; H. W. 
Thurston, Chicago Normal School ; G. O. Virtue, State 
Normal School, Winona, Minn. ; E. C. Page, State Nor- 
mal School, DeKalb, 111. ; and Arnold Gesell, High 
School, Stevens Point, Wis. 

EvANSTON, June 1, 1901. 



CONTENTS 



PAGE 



Preface, v 

Some Suggestions to Teachers, xi 

Introductory Chapter, xiii 

PAKT I 

LOCAL GOVERNMENT 

CHAFTBB 

I. — Town and County Government, 1 

II. — State Governments, 9 

III. — State Governments [Continued) 19 

rV. — City Government, 26 

V. — Elections and Party Government, 48 

VI. — Public Finances, 60 

VII. — Judicial Trials, 70 

Vni. — Charitable and Penal Institutions, .... 79 

IX. — Educational Systems, 88 

X. — The Exercise of the Police Power, . . . . 98 

XI. — ^Labob Legislation, 107 

vii 



viii Contents 

PART II 
THE NATIONAL GOVERNMENT 

CHAPTER PAGE 

XII. — Steps Ijeading to Union, 112 

XIII. — The Constitdtionaij Convention, 123 

XrV. — Organization of the Legislative Depart- 
ment, 139 

XV. — Powers and Duties of the Separate Houses, 158 

I. Impeachment, 158 

II. The Quorum, Journal, and Freedom of 

Speech, 160 

XVI. — Procedure in Congress, 166 

XVII. — National Finances, 182 

XVIII. — The Power of Congress over Commerce, . . 197 

XIX. — Money of the United States, 206 

I. Metal Money or Coin, 206 

II. Paper Money, 212 

XX. — Other General Powers op Congress, . . . 222 

I. Power of Naturalization, 222 

II. The Postal System of the United States, 225 

III. Copyrights and Patents, 229 

rV. Piracies and Felonies, 232 

V. Military Powers of Congress, .... 233 

VI. Location of the Capital, 238 

VII. Implied Powers, 239 



Contents ix 

CHAPTER PAGE 

XXI. — Po-wEKs Denied the UinTEa> States ant) the 

SEVEKAii States, 243 

XXn. — The ExEcrmvE Depabtment, 248 

XXm. — The Election of a Peesident, 258 

XXIV. — PowEBs and Duties of the President, . . 271 

XXV. — The Cabinet and the Executive Depabt- 

MENTS, 283 

XXVI.— The Jtjdiciaey, 303 

XXV 11. — ^Relations between the States, and between 
THE Fedeeaij Government and the 
States, 315 

XXVrn. — Teeritoeies and Pdbijc Lands, 319 

XXIX. — Amendments to the Constitution, .... 337 

XXX. — Miscellaneous Provisions, 345 

I. Debts Contracted Under the Confed- 
eration, 345 

n. Oath of Office, 345 

XXXI. — The Eelations of States and Nation, . . 347 

XXXTI. — Some Features of Intebnational Law and 

Arbitration, 352 



1 

X Contents 

APPENDIX 

FAQE 

A. — CONSTITtTTlON OP THE UnITED StATES OF AMERICA, . 358 

B. — Key to Pekiodioaij Literatuke 374 

C. — Reference Books, 375 

INDEX, 379 



SOME SUGGESTIONS TO TEACHERS 

"We trust the following observations may be of value 
to teachers in the use of this book, and at the same 
time answer certain questions which we are assured will 
arise. 

1. There are but few questions given on the subject- 
matter of the text, for each teacher will doubtless pre- 
fer to present the topics in his own way. While some 
of the discussions and many of the suggestive questions 
are intended to make students realize more completely 
their duties as citizens, many more having a local bear- 
ing will occur to teachers. " Topical outlines " are 
omitted, for by the aid of the marginal topics students 
will be able to make outliaes for themselves which wiU 
be of vastly greater interest and value. 

2. All teachers may not care to use the parts of the 
book in the same order, and the arrangement is such 
that either Local (Part I) or National government 
(Part H) may be studied first. In the work on local 
government, it is not expected that the student will 
learn all of the different practices found in the various 
States, but that he will compare them with those of his 
own State. 

3. There are more supplementary questions and ref- 
erences, doubtless, than can be used by any one class, 
but this will give the teacher an opportunity for selec- 



xii Some Suggestions to Teachers 

tion. A number of the references may be used each day 
by assigning special problems to individual students. 

4. It is scarcely to be hoped that all of the books and 
magazines mentioned will be found in any high-school 
library, but the need for supplementary reading is 
being met through the rapid increase of public libraries. 
Great care has been taken in selecting the books which 
are given in Appendix C, and by adding a few of these 
each year a working library on the subject of Civics 
may soon be secured. Many of the reports issued by 
the government may be readily obtained by applying 
to your Congressman or to the government officials. 

5. Some teachers may have difficulty in securing the 
periodical literature* In nearly every village there are 
persons who have subscribed for these magazines for a 
number of years and would be willing to present them 
to the school library. 

* For key to magazine literature see Appendix B. 



INTRODUCTORY CHAPTER 

IS^EED or GOVEKXiLEXT 

The control of our actions by some kind of govern- 
ment precedes our earliest recollections ; tMs we have 
constantly experienced in the family and in school. 
WhereYer men live in communities they are under po- 
litical government ; their relations vrith one another must 
be regulated by well-understood rules in order that they 
may live and conduct business in security. By means 
of political government, also, communities find it con- 
venient to increase the comforts of life, as in the build- 
ing of good roads and streets ; they furnish themselves 
with the means of education and culture through schools 
and libraries. For such purposes the government of 
tovm, village, and city is of the first impoi-tance. But 
business and political relations exist among commu- 
nities, as well as among individuals. Consequently, 
our local governments must be supplemented by or- 
ganizations that cover larger areas and include many 
communities ; therefore the county and State govern- 
ments are formed. For the same reasons, and also for 
reasons of which we learn in the study of United States 
history, a government for the United States became a 
necessity at the very beginning of our National life. 

In these various political organizations the plan of 



xiv Introductory Chapter 

government is the same. In the first place, there is al- 
ways the law-making body, prescribing the regulations 
to which men must subject themselves if they are to 
live together in harmony. Again, because laws do not 
enforce themselves, officers are selected to see that 
these provisions are carried out. Finally, since men 
frequently disagree as to the meaning of laws, and be- 
cause there are always those who wilfully violate them 
in order to secure some personal advantage, courts are 
established in which the laws are interpreted and of- 
fenders are judged. "We have, then, the three depart- 
ments of government — legislative, executive, and ju- 
dicial. 

The system of local government to which you are 
accustomed did not grow up spontaneously, nor was it 
established arbitrarily. There are reasons to be found 
in history and in the nature of the environment which 
explain many of its details. The same may be said of 
our State and National systems. In consequence, we 
shall find it advantageous to trace briefly some histor- 
ical origins of government in our country. Again, it is 
evident that no system of human government is perfect. 
In every community the defects of laws and their non- 
enforcement are familiar topics of discussion, while the 
failures of State and National governments at certain 
points are no less conspicuous. These are the prob- 
lems to which our attention will be directed in the 
course of our study. 

For the most part, however, it will be our task to 
study government as it now exists in town and city. 
State and Nation. We shall look backward into history 
only when this is necessary for the understanding of 



Irdrodvxitory Chapter xv 

our present forms and practices. "We shall look for- 
ward to the solution of a few of the simpler problems 
that now confront us. A study of the deeper oiigins 
and of the more profound problems must be postponed 
to the years of advanced work in college. 



PABT I 

LOCAL GOYERNMENT 



CHAPTEE I 

TOWN AND COUNTY GOVEENMENT 

When, in the seventeenth century, Englishmen made 
settlements along the Atlantic coast, some form of lo- 
cal government became an immediate necessity. They 
adopted consequently the political usages to which 
they had been accustomed at home, selecting those 
offices and forms of procedure that seemed best adapted 
to their needs and surroundings. Because natural con- 
ditions and the ideas of the settlers varied considerably 
in the different colonies, we find several varieties of local 
government growing up. But since these local govern- 
ments were all established by Englishmen, and, more- 
over, by Englishmen of very similar habits and social 
grades, we find, on the whole, great similarity in their 
fundamental features. 

The most marked differences are seen in a comparison 
of local governments in New England and in Virginia. 
The settlers of New England found themselves upon a New En?- 
coast indented by many bays and harbors ; the country ^tions°°" 
was hilly and the soil stony ; streams were abundant 
but generally small, rapid, and unfit for navigation ; 
the sea abounded in fish and the forests yielded excel- 
lent timber. These physical conditions hindered the 

1 



2 Toivn and County Government 

rapid spread of population over large areas and offered 
many inducements for the gathering of the inhabitants 
into towns. Moreover, this tendency was in accord 
with the wishes of the Puritans. They desired, above 
everything, to foster the religious life of the little church 
communities into which they grouped themselves. 
They believed that all settlers should take an active part 
in worship and in the government of the church, and 
that consequently all should live within a short distance 
of the meeting-house. 

Under these circumstances the New Englanders put 
into practice those features of the ancient English town- 
ship government that were best suited for governing 
their little towns. Once a year, or oftener, the voters 
assembled in town meeting to elect officers and to en- 
The town gage in general discussion of town affairs. Here taxes 
were levied, and the support of the poor, the mainten- 
ance of highways, church, and school were provided 
for. The officers of the town were the selectmen, a 
board having general oversight of town affairs, the treas- 
urer, clerk, constables, school committee, assessors, 
fence - viewers, and frequently many others. The re- 
markable features of New England town government 
were the freedom with which all matters of public in- 
terest were discussed in the town meeting, and the care 
with which all affairs of government were guarded by 
officers and people alike. Early in the history of the 
Massachusetts Bay Colony towns were grouped into 
counties, and justices were appointed who held court in 
the towns of each county. Scarcely any but judicial 
matters were intrusted to the county government. The 
centre of political life in New England was the town, 
hence we have here the town or township type of local 
government. 

A very different type of local government was de- 



Toion and County Government 3 

veloped in Virginia. If we contrast the physical geog- 
raphy of this section with that of New England we see 
how every inducement favored the scattering of popula- 
tion and the development of great plantations. The 
influence of tobacco cultivation and of slavery was in 
the same direction. Since the desire for individual gain Virginia 
prompted most of the settlers, there were no strong ties ernmfnZ 
tending to bind the people into compact communities. 
There were scarcely any towns in Vii-ginia. Conse- 
quently the settlers were driven to select those features 
of English local government that were best adapted to 
their sparse settlements. 

The local organization corresponding to the town of 
New England was the parish. The vestry, a group of The vestry 
officers originally elected by the members of a church, 
was given control of matters relating to the church and 
the poor. Other functions of local government were 
placed in the hands of the county court, a body com- The county 
posed of justices originally appointed by the governor 
of the colony. The county court administered jus- 
tice, but it also had important legislative functions, for 
it levied taxes for county j)urposes, maintained highways, 
and exercised general control over such affairs of local 
government as were not in charge of the vestry. Its 
authority extended over the county, which was some- 
times divided into two or more parishes. The other 
important county officers were the sheriff (who, be- The county 
sides being a court official, was county treasurer) and ^^^" 
the lieutenant, or commander of the militia. The origi- 
nal method of appointment in both vestry and county 
court was changed so that members came to be chosen 
in each case by the body itself. Thus there appear the 
two striking features of Virginia local government ; first, 
the conduct of affairs by select bodies of men without 
the active participation of the mass of voters ; second, 



4 Toivn and County Government 

the exercise of the principal functions of local gov- 
ernment (those concerning taxation, police, highways, 
judicial matters, militia) by officers of the county. 

There is a third point of contrast between this, the 

county system and the town system of New England. 

Contrasts In the latter the towns sent deputies to the Colonial 

the two Assembly, while in Virginia members of the House of 

^^^' Burgesses were sent from the counties. In both cases 

the voters elected their representatives. 

The New England type of local government gave the 
people much practical political education ; while that of 
Virginia developed a class of intelligent, public-spirited 
leaders. These facts are of great consequence in colo- 
nial history, especially in that period when resistance to 
the English Government made Massachusetts and Vir- 
ginia leaders in the Revolution. 

The middle Atlantic colonies present a medium in 
climate, soil, and physical structure between the ex- 
The town- tremes of New England and Virginia. This is also true 
type. of the methods of settlement and the occupations of the 

people. Similarly, the type of local government devel- 
oped in these colonies seems to be a compromise be- 
tween the two tj^pes that we have been considering. It 
has been called the mixed or township-county system of 
local government. Like New England, the middle col- 
onies had both townships and counties, but there was 
a much more equal division of powers between these 
units. At the same time, the county was not so impor- 
tant as in Virginia. In New York the township was 
more prominent than the county, while in Pennsylvania 
county officers performed the most important functions. 
The colonial systems above described have been much 
modified. In New England it has been found conven- 
ient to enlarge the functions of the county and to 
diminish those of the town. In Virginia and through- 



Toivn and County Government 5 

out the South the township has become an increasingly 
important organization. Still, in each of these sections 
the system of local government now in use bears the 
stamp of its origin. 

In the Western States, the character of local govern- 
ment has been greatly influenced by the origin of the 
settlers. The general trend of population, as it 
moved westward from the thirteen original States, was 
along parallels of latitude. The three types of local 
government were therefore perpetuated, in some degree, 
in the "Western States. In the South we find the county 
type prevailing. Nowhere, however, does the pure town 
type exist, for the Northern States all have the mixed 
system. These States may be divided into two groups Local goy- 
accordmg as the town or the county is given more ex- the West. 
tensive functions. The States in the first group (Mich- 
igan, Illinois, "Wisconsin, and Llinnesota) have been in- 
fluenced by the examples of New England and New 
York. In these States there is the annual town meeting 
of voters, where officers are elected and matters of town 
government are discussed. "We have here the foi-m of a 
pure democracy. A town board has general charge of 
town affairs. In the second group (Ohio, Indiana, 
Kansas, Missouri, Nebraska, Colorado, Oregon, and 
California) the county is of more importance in local 
government. There is no town meeting. A town su- 
pervisor (or board of supervisors or trustees) exercises 
some powers that would be exercised by the town meet- 
ing in other States. But here the county board exer- 
cises more of such functions ; it has extensive j)owers 
over the poor, health, highways, taxation, etc. In all 
the Northern States there is a group of other town 
officers besides the supervisors — clerk, treasurer, asses- 
sor, constables, and various minor officers and boards. 

The legislative authority of the county in both groups 



6 



Tovm and County Government 



Commis- 
sioner vs. 
supervisor 
system. 



Villages. 



Cities. 



of Northern States is the county board. In the Southern 
group the members are elected at large or from dis- 
tricts of the county. They are few in number and are 
called commissioners. Elsewhere in the North the 
members of the county board, called supervisors, are 
elected to represent the towns, villages, and the wards 
of cities. This supervisor system of county government 
originated in New York in colonial times. The county 
is the basis of court organization; so there is a judge, 
a sheriff, and a clerk of the court. Frequently we find 
several counties grouped into a district or circuit 
throughout which a single judge holds court sessions. 

In some cases taxes are collected by the sheriff, but 
generally there is a county treasurer. Other county 
officers, most of whom are elected by the voters, are the 
superintendent of schools, the register of deeds, or 
recorder, the surveyor, and the coroner. 

As population becomes dense in certain localities, 
villages and cities are organized. Village government 
is sometimes entirely distinct from town government ; 
sometimes it is united with the latter for general pur- 
poses, though sustaining its own officers for special 
purposes. In either case the governing body is a board 
with an executive head, generally called the president.* 

Cities have governments similar in general plan to 
those of villages ; but there are more officers and their 
functions are more extensive. The conditions of city 
life give rise to new problems of government to which 
we shall give attention in a separate chapter. 

Such, in bare outline, is the organization of local 
government in the States to-day. In the actual proc- 
esses by which local government is carried on, towns. 



* Various terms are in use. In Pennsylvania there is the borough with 
a burgess at its head. In Virginia the corresponding organization is the 
town, with a mayor as executive officer. 



Toivn and County Government 7 

villages, and cities (or divisions of cities called wards) 
are regarded as divisions of the county. Counties are 
themselves divisions of the State. Now, there are some 
activities of government in which the local units alone 
are concerned, as in the maintenance of roads, streets, 
and bridges, and the care of the poor. But in many im- 
portant matters the processes merely begin in the local 
units and are completed by the action of State officials. 
For example, taxation and election processes involve 
both local and State governments. The same is true, 
in many cases, of the administration of justice and the 
maintenance of school systems. Hence, it will be neces- 
sary to take a general view of State government before 
considering how these operations are carried on. 

Supplementary Questions and References. 

1. The following references give the history of local 
government in the colonies : 

Thwaites, The Colonies, 55-58 ; Fisher, The Colonial 
Era, 60, 99, 167; Channing, The United States of America, 
37-38 ; Wilson, The State, 449-458 ; Lodge, A Short History 
of the English Colonies, 48-49, 58-59, 414^17; Hart, Forma- 
tion of the Union, 11-13 ; Bryee, American Commonwealth, 
I, 561-565 (589-593) ;* Bancroft, History of the United States, 
I, 285-286, 449. 

For descriptions of local systems as they are at present, 
see Bryce, I, chapters 48 and 49 ; Wilson, The State, 524- 
538. 

2. Make a study of a town : (1) With a map, as to its 
location, size, and shape.! Compare with other towns in 
the same county. (2) What oflScers has the town ? For 
what terms are they elected ? How are they paid ? What 

* References to Bryce are given in dnplicate ; pages enclosed in paren- 
theses refer to the third edition, 1896. 

+ In the West, the congressional township, as determined by the 
United States Land Survey, frequently determines the boundaries of the 
town. 



8 Toion and County Government 

general duties does each have ? Is the town board a legis- 
lative or an executive body ? (3) Is there a town meeting ? 
If so, what business does it transact ? Did you ever at- 
tend one ? 

3. Study the organization of a village government. In 
what respects does it differ from the town government ? 
Why? 

4. What is the area and population of the county in 
which you live ? What is the county seat ? Have you 
visited the county buildings ? Who has charge of them ? 

5. How many townships are there in your county? Es- 
timate the total number of local officers. How many coun- 
ties are there in your State ? Are they generally regular 
or irregular In shape ? Compare counties of other States. 
(See Atlas. ) 

6. Make a list of your county officers, the length of term 
and salary of each. What are the principal duties of each ? 

7. Is the county board elected on the commissioner plan 
or the supervisor plan ? 

8. To which type of local government does the system 
of your State most nearly conform ? Account for its origin. 

9. In some States more than one system of local gov- 
ernment is in operation. Account for this. Bryce, I, 572 
(600-601). 



CHAPTEK II 

STATE GOVERNMENTS 

As town and county governments in the thirteen col- 
onies were modelled upon ideas and practices derived 
from England, so the central government of each colony- 
took form upon the plan of England's central govern- 
ment. And this plan may be seen to-day in the gov- 
ernments of our States and in that of the United States : 
all have the division into three departments — legislative, 
executive, and judicial — the legislature generally being 
composed of two branches. There were many varia- 
tions among the colonies in the details of government, 
but at the time of the Revolution there was one im- 
portant point of likeness : viz., each had an elective 
representative assembly. Moreover, it had become 
estabhshed in practice that the assembly should legis- colonial 
late upon matters affecting the internal weKare of the ^^^ * ^^^' 
colony, and especially that it should exercise the vital 
function of levying taxes. Thus was erected in each 
colony the form of a free government, while the habit 
of self-government became estabhshed through the neg- 
lect of England to interfere seriously with the powers 
exercised by the colonial assemblies. 

We may fiirther analyze colonial governments by 
classifying them upon the basis of the method by ciassiflca- 
which the governor obtained his office. There were colonies, 
three forms : Republican, the people electing the gov- 
ernor (Connecticut and Rhode Island) ; Proprietary, 

9 



10 



State Governments 



Written 
constitu- 
tions. 



Origin of 
State con- 
stitutions. 



Constitu- 
tional 
conven- 
tions. 



the governor appointed by the proprietor (Maryland, 
Pennsylvania, and Delaware) ; Koyal, the king appoint- 
ing the governor (the eight remaining colonies). 

The Revolution transformed the colonies into States, 
the new State governments being formed in 1776 and 
the next few years.* It was natural that each of the 
thirteen original States should build its government 
upon the basis of a written constitution, for the 
colonial assemblies and officers had become accus- 
tomed to exercising their powers under the superior 
authority of their charters. So in each State a written 
constitution seemed necessary as a fundamental law, 
outlining the framework of State government. The 
constitution of a State, then, is its supreme law, so far 
as purely State authority is concerned. f All laws must 
conform to its provisions ; all officers take oaths to sup- 
port it. The first duty of the State judiciary is to see 
that all official acts stand in conformity with it. 

The States admitted into the Union after the adoption of the 
Federal Constitution (1789) used that instrument as a model to 
some extent. But still greater was the influence of the old State 
constitutions upon the settlers from the East who were so rapidly 
building the new commonwealths of the West. So, while the con- 
stitutions of all the present States show, by their great similarity, 
their common origin, there are variations that may be traced back- 
ward along lines of westward migration to their sources in the 
original States. 

State constitutions have generally been made in State conven- 
tions composed of delegates chosen for that purpose. In some 
States new constitutions have been made in this way to supersede 
old ones. When an entirely new constitution has not been con- 
sidered necessary, amendments have been adopted ; these have been 
framed either by the State legislature or by a State convention. In 
most cases, whether in the adoption of a constitution or of an 

* Connecticut and Hhode Island continued their charters in force as 
constitutions. 

tFor the limitations of State and national authority see Chapter 
XXX, Section II, 



State Governments 11 

amendment, a vote of the people is an important step in the proc- 
ess.* So it may be said that State constitutions proceed from the 
people. 

The contents of State constitutions may be grouped 
under three heads. 1. The Bill of Eights, which is pat- 
terned after the earliest State constitutions and the first 
eight amendments to the Federal Constitution. By these Analysis of 
provisions the fundamental civil rights of citizens are se- constitu- 
cured, such as the right of free petition and assemblage, 
fair trial by jury, exemption from unjust searches and 
seizures, freedom of religious worship, and freedom of 
speech and of the press. 2. The outline of the frame of 
government, showing the organization of the legislative, 
executive and judicial departments, with genei'al provi- 
sions as to their powers and the manner in which they 
are to be exercised. 3. Miscellaneous provisions. In 
recent years there is a marked tendency to increase 
the number of subjects treated in the State constitutions 
and to make more detailed regulations. Some new con- 
stitutions are of much greater length than the old ones, 
and are really general laws rather than mere frames of 
government. As a consequence, the powers of State 
legislatures are curtailed.f 

State constitutions confer all the law-making powers 
upon the legislatures. These bodies do not attempt to The legis- 
exercise all such powers, but delegate local authority to 
other legislative bodies in school districts, villages, 
towns, cities, and counties. The county board and the 
city council, for example, are legislative bodies, but 
they derive all their powers from general or special laws 
framed by the State legislature. State legislatures are 

* This was not the case in the adoption of their constitutions by the 
thirteen original States (except Massachusetts) ; nor in the adoption of 
new constitutions recently by South Carolina, Mississippi, and Louisiana. 

t See discussion of limitations on legislatures, pp. 12 and 13. 



12 



State Governments 



invariably composed of two houses — the Senate and the 
House of Representatives or Assembly. The first of 
these houses has a smaller number of members than the 
second ; the members have longer terms than in the lower 
house, and the qualifications for membership may be 
higher. Members of the legislature are chosen from 
districts, and the redistricting of a State is made neces- 
sary at stated times by the shifting of population. This 
is done by an apportionment act. An especially unfair 
apportionment is called a " gerrymander ^' (see pp. 153, 
154). In all but six States* the sessions of the legis- 
lature are biennial ; formerly annual sessions were more 
common. Methods of procedure are quite similar in all 
legislatures. When a bill is introduced in either house 
it is put at once into the hands of a committee, where it 
remains until it is reported back to the house. In the 
meantime the committee has almost absolute power over 
the bill — to amend it slightly or radically, to substitute 
a new bill in its place, or to neglect to report it. Only 
a few important bills are debated in either house. The 
passage by both houses and signing by the governor are 
the necessary steps by which a bill becomes a law. 

No State constitution attempts to give a list of the 
powers of the State legislature, but there is always a 
list of limitations upon its authority and upon the 
privileges of its members. These restrictions may be 
grouped under several heads. 1. They may limit the 
length of sessions and the method of paying members. 
2. Special, local, and private legislation are prohibited 
upon certain subjects (such as city and corporation 
charters) and carefully guarded upon others. 3. All 
financial legislation, such as taxation, and the borrowing 
and appropriation of money, must be enacted under 

* These are South Carolina, Massachusetts, Georgia, jElhode Island, 
New York, and New Jersey. 



State Governments 13 

close limitations. 4. The exact procedure for passing 
bills is prescribed. All these, and frequently many- 
similar provisions, may be viewed in the light of limita- 
tions upon the discretion of State legislatures. More- 
over, the tendency is to increase, rather than to diminish, 
the number of these restrictions.* Besides these, too, 
statute books contain numerous laws that betray other 
abuses that have arisen in State legislatures. These 
are laws intended to control the practice of lobby- 
ing ; laws providing the severest penalties for bri- 
bery and blackmail ; and laws that abolish the pass 
system. All these facts would seem to indicate that 
legislators have sometimes been influenced by local and 
private interests, when these were opposed to the wel- 
fare of the public. Yet the people cannot entirely shift 
the burden of blame upon their representatives, since 
it is within their power to determine the character of 
those to whom is delegated the business of legislation. 
At the bottom it is a question of public morals and pub- 
lic spirit in each locality from which a representative 
is elected. 

"We are accustomed to speak of our system as government " by 
the people " ; but it is only in town and school-district meetings Represent- 
that all the voters assemble and legislate directly ; and even these enmrnir' 
meetings do not exist in all sections of the country. Generally, 
therefore, lavr-making is a function of representative bodies, which 
are the village and county boards, city councils, State legislat- 
ures, and the National Congress. Hence vre have not a pure, 
but a representative democracy, or a republic It is interesting to 
inquire how accurately the representatives reflect the opinions of 
the people. One method of testing this is to ascertain whether the 
members of a legislative assembly are distributed among the po- 
litical parties in the same proportions as the voters who participated 
in their election. Frequently one party has a membership that is 
entirely out of proportion to its popular voting strength. In the 

* Mr. Bryce points out that by these constitutional restraints the 
people have put a check upon their own hasty or unwise impulses. 



14 



State Governments 



Propor- 
tional rep- 
resentation. 



election of 1900, the State of Iowa elected, as its entire delegation 
to the National House of Representatives, eleven Republicans. 
The combined vote cast for them was 304,302. For the eleven 
Democratic candidates 212,649 votes were cast; while the Prohi- 
bition candidates received 6,151, and the candidates of other 
parties received 2,826 votes, the total vote being 525,928. The 
quota for one Representative was 47,811. Hence, had the Con- 
gressional delegation been divided proportionally, there would 
have been six Republicans and five Democrats. In the election of 
1898, there were elected to the Assembly of the Wisconsin legis- 
lature eighty-one Republicans and nineteen Democrats. The total 
Totes for candidates of the various parties were as follows : Repub- 
lican, 178,126; Democratic, 131,290; People's Party, 4,475; Pro- 
hibition, 2,275 ; Social Democratic, 1,403 ; Social Labor, 656. In- 
dependent candidates received a sufficient number to make the total 
vote cast 319,731, the quota for one Assemblyman being 3,197. 
Proportional representation would have distributed the members as 
follows : Republican, 56 ; Democratic, 41 ; People's Party, 1 ; 
Prohibition, 1, total 99. The 100th member would go to the 
party whose vote gives the highest remainder, after division by 
the quota.* The ordinary plan of district representation fre- 
quently results in large minorities of voters being entirely 
unrepresented. t Those who think the fault should be remedied 
advocate numerous plans to bring about " Proportional Representa- 
tion." One such plan is in operation in Illinois, for the election of 
members to the State House of Representatives. Each district elects 
three members, on a general ticket. The voter may give one vote 
to each candidate, or one and a half votes to each of two candidates, 
or three votes to a single candidate. The minority, by concentrat- 
ing its votes on one candidate, may elect him, when otherwise they 
would not be represented. 

It has been stated that in few instances do the people assemble 



* These illustrations may be extended by the study of election statis- 
tics for almost any representative assembly. Many other illustrations 
are given in the best work on Proportional Representation — the book 
of that title by Professor J. R. Commons. 

+ The diflSculty is aggravated by the practice of gerrymandering (see 
pages 153, 154). It is evident that the Republican advantage in Iowa 
and other Republican States is balanced, so far as the composition of the 
House of Representatives is concerned, by a corresponding Democratic 
advantage in other States. 



State Governments 



15 



to legislate directly. Yet we may look upon the adoption and 
amendment of constitutions by popular vote as legislation of a very 
important character. Similarly, it is common in local government 
to require that the proposition to create a debt be submitted to 
popular vote. The questions of licensing the sale of liquor and of 
adopting municipal ownership are often submitted to the voters. 
When a town is divided or a village or city incorporated, a majority 
of the voters must first give consent. Now, the frequent failure of 
legislators really to represent popular opinions has led to the de- 
mand that the practice of submitting laws to the people for ratifica- 
tion or rejection be extended to all important matters of legislation, 
or that such reference to popular vote be made upon petition of a 
certain number of citizens. This plan is called the " Referendum." 
Coupled with this proposed reform is another, the " Initiative," 
which contemplates the origination of laws by popular action. If 
a certain per cent, of the total number of voters petition for a law, 
it must be considered by the legislature, and perhaps be referred 
to the people. The adoption of the Initiative and the Referendum 
would bring about Direct Legislation in the matters to which they 
apply. This system exists in Switzerland, both in the cantons and 
m the national government. In this country it was adopted in 
South Dakota, by constitutional amendment, in 1898. Upon the 
demand of five per cent, of the voters, a proposition must be sub- 
mitted by the legislature to a vote of the people. If approved, it 
becomes a law. Any law that has passed the legislature must be 
submitted to the voters for ratification if five per cent, of them 
demand it. 



The Befer- 
endum. 



The Initia- 
tive. 



Viewing State legislation as a whole, and considering 
the variety of conditions under which our legislatures 
work, great uniformity of State laws is evident. These Uniformity 
laws are based on the same principles and provide for legislation. 
the same general course of legal procedure. But it is 
a fundamental and very wise feature of our Federal sys- 
tem that each State is free to regulate, in its own way, 
the affairs with which its citizens alone are concerned. 
For the interests of the people are most directly under 
the control of State law. In but few ways do we ordi- 
narily come into contact with the National government. 



16 State Governments 

But the most important business and social relations of 
life — buying- and selling, holding, leasing, and inheriting 
property ; the domestic relations of husband and wife, 
parent and child ; the regulations necessary to make the 
people secure in health and comfort * — all these fall 
within the sphere of State government. Hence the 
necessity that each State shall fit its laws to local con- 
ditions. 

Yet there are some subjects upon which greater uni- 
formity is desirable, notably bankruptcy, divorce, and 
commercial law. In these matters the great variety of 
State laws causes inconvenience and even works positive 
injury. It is hoped that greater uniformity of legisla- 
tion may be secured in the future, without destroying 
that freedom of legislation to suit local conditions 
which forms one of the wonderful features of our gov- 
ernmental system. 

Supplementary Questions ajstd References. 

1. For fuller information concerning colonial govern- 
ments, see Fisher, Colonial Era, 208-211 ; Sloane, French 
War and Revolution, 10-12 ; Thwaites, Colonies, 58-63, 
192-193, 371-277 ; Hart, Formation of the Union, 5-10, 
13-17, 80-81 ; Fiske, Critical Period, 65-69 ; Channing, 
United States of America, 26-36, 84-85 ; Wilson, The State, 
458-469. 

2. Did colonial governors have the veto power ? Hart, 9. 
What was the governor's power over sessions of the colonial 
legislature? Thwaites, 5-9. What were the relations of 
colonial legislatures to royal governors ? Fisher, 209-210. 

3. Were any State constitutions formed before July 4, 
1776 ? Channing, 84-85. How long did Connecticut and 

* " Space would fail in which to enumerate the particular items of this 
vast range of power. To detail its parts would be to catalogue all social 
and business relationships, to set forth all the foundations of law and 
order."— Wilson, The State, 487. 



State Governments 17 

Rhode Island keep their charters as constitutions ? Why 
was this ? Channing, 36. 

4. What is the history of the framing of your State con- 
stitution ? Were the framers influenced by the example of 
another State ? Compare the Declaration of Rights with 
Amendments I-VIII of the U. S. Constitution. Why 
should these provisions be included in both State and 
National constitutions ? 

5. From your State constitution and legislative manual 
get facts concerning the State legislature — its composition, 
sessions, officers, etc. Why have two houses in the legis- 
lature ? Do you think members of the legislature should 
be required to live in the districts they represent ? 

6. What are the rules governing apportionments in your 
State ? Was the last apportionment fairly made ? 

7. What is the process by which laws are enacted ? Can 
you give reasons for the existence of the committee system ? 

8. In what ways does the constitution place limitations 
upon the State legislature ? Give reasons for each of these 
limitations. Do they indicate popular distrust of the legis- 
lators ? If so, for what reasons ? Who is responsible for 
this condition ? 

9. For general discussions of State constitutions and 
governments see Bryce, I, chapters 36, 37, 38, 40 ; Hitch- 
cock, American State Constitutions ; Ford, American 
Citizen's Manual ; The last constitution of South Carolina, 
Rev. of R's, 13 : 66-71 ; Of New York, Rev. of R's, 9 : 
291-295. 

10. State legislatures are discussed in Bryce, I, chapter 
40 ; Legislative Shortcomings, Atl. Mo., 79 : 366-377 ; 
Pernicious Activity of Legislatures, Pop. Sci. Mo. , 57 : 266- 
267 ; Decline of State Legislatures, Atl. Mo., 80 : 42-53 ; 
Menace of Legislation, N. Am. Rev., 165 : 240-246; Uni- 
formity of State Laws, N. Am. Rev., 168 : 84-91. 

11. Efforts to control the lobby are discussed in The 
Nation, 53: 136 ; 68 : 197 ; 71 : 206-207 ; New England Mag., 
16 : 151-166. 

12. What is blackmail ? Why should the giving of 
passes and franks be restricted ? 



16 State Governments 

13. Can you mention any matter in which local self- 
government fails to bring good government ? Is the proper 
remedy to put this matter into the hands of State officials ? 

14. Proportional Representation, Rev. of R's, 6 : 541-544 ; 
21:583-585; Outlook, 55:342-345; New England Mag., 
14 : 382-385 ; Arena, 7 : 290-297 ; Atl. Mo., 84 : 529-535. 

15. Direct Legislation, the Initiative and Referendum. 
Wilson, The State, 310-312; 326-327, 489^90; Bryce, I, 
chapter 39 ; Nation, 59 : 193-194 ; Arena, 17 : 711-721 ; 18 : 
613-627 ; 22 : 97-110 ; 725-739 ; 24 : 47-52 ; 493-505 ; 25 : 
317-323 ; Rev. of R's, 20 : 225-226. 



CHAPTEK III 

STATE GOVERNMENTS {Continued) 

The general State laws prescribe in many particulars 
the manner in -which local government shall be con- 
ducted ; as in the conduct of elections and in the proc- 
esses of taxation and judicial trials. The execution of 
these laws in any locality is in the hands of the local 
officers ; each of them executes a part of the State laws. 
Indeed, the greater part of the executive authority of Executive 
the State is exercised by local officers. The general ex- of the 
ecutive officers of the State are the governor, secretary ^" 
of state, attorney -general, treasurer, and numerous 
others. Besides these, there are often boards and com- 
missions. In most States there is a lieutenant-governor 
who is the presiding officer of the State Senate, but who 
otherwise has few duties to perform. Like the governor, 
he is elected by the people for a term varying in length 
from one to four years. 

The powers and duties of the governor may be stated 
under several heads. 1. He reports to the legislatui-e 
upon the condition of the State, and recommends legis- Duties 
lation. 2. He has power to convene the legislature in governor, 
special session. 3. In nearly all States a bill must have 
his signature before it becomes a law. If he vetoes a 
bill it is returned to the legislature and must be recon- 
sidered ; generally, a larger number than a majority is 
then required to secure its passage. 4. The power of 
pardoning, or of lessening the punishment of criminals 

19 



20 State Governments 

is generally vested in the governor. In a few States* 
pardon boards have been created, either possessing this 
power or sharing it with the governor. 5. He appoints 
some minor state ofl&cers and frequently the members of 
boards and commissions. Confirmation by the Senate 
is sometimes required in these appointments. The 
governor himself is often a member ex-qfficio (that is, by 
virtue of his office) of these boards. 

Besides these specific duties constitutions require the 
governor to see that the laws are faithfully executed. 
This may mean that the governor has oversight of the 
way in which some local and State officers carry out the 
law ; but generally these officers are not subordinate to 
the governor, and he has no control over their conduct. 
If, however, the authorities of any locality are unable, 
because of riot or other public disorder, to carry on the 
ordinary operations of government, they may appeal to 
the governor to assist them in the execution of law. 
The This he does by means of the State militia, of which he 

is commander-in-chief. The presence of a military force 
may enable the civil officers to restore order, or the 
commanding officers of the militia may temporarily 
supersede the civil authorities. 

In some States the number of State executive officers, 
besides the governor and lieutenant-governor, is so 
large that these, with the various boards and com- 
missions, are grouped together into the administrative 
Adminis- department. The secretary of state keeps public 
officers. records, including official acts of the governor and 
acts of the legislature. The State treasurer keeps the 
money of the State. The attorney-general gives legal 
advice to State officers, and is lawyer for the State in 
certain cases. The superintendent of schools, or board 

* Among these are Maine, B^'lorida, New Hampshire, New Jersey, 
Pennsylvania, and lUinois. 



State Goveimonents 21 

of education, administers State laws regulating schools, 
teachers, and school money. The auditor or comp- 
troller has duties in connection with State finances. 
Other officers or boards control the charitable and 
penal institutions of the State, and supervise the 
execution of the law upon certain subjects, such as 
health, railroads, labor, insurance companies, agricult- 
ure, mines, public works. It is customary, also, to 
have boards of examiners who issue certificates to 
persons competent to practise medicine, law, phar- 
macy, or dentistry. Diplomas of graduation from 
professional schools of good reputation are accepted 
as equivalent to these certificates. 

The protection and welfare of citizens depends in no slight 
degree upon the administration of law by these officers. By their 
action, abuses in a county jail or poorhouse may be corrected ; an 
unsound insurance company may be compelled to withdraw from 
the State ; factory hands may secure safe and comfortable rooms 
in which to work ; a contagious disease may be checked ; local 
officers may be compelled to furnish better school facilities or 
teachers. Even the pleasure of citizens is frequently provided 
for through fish commissioners, who plant fish in the rivers, and 
park boards, who preserve forests and streams from injury. 

We have now seen that law-making in the State is 
primarily a function of the legislature, and that much 
authority to legislate upon local affairs is given to town, 
village, and county boards and to city councils. We have 
seen also that these laws are enforced by local officers 
and by the State officers whose duties have just been 
discussed. The third department of State and local 
government is the judiciary. In each State of the Union 
there is a complete system of courts for interpreting and 
applying local and State laws. At the head of the ju- 
dicial system there is a supreme court, or court of ap- 
peals, to which cases may be taken from lower courts for 



22 



State Governments 



Judicial 
systems of 
the States. 



Popular 
election of 
judges. 



final decision. The highest court is usually composed 
of several judges, and its jurisdiction covers the entire 
State. It may either confirm or reverse the decisions of 
lower courts, or it may order a new trial of a case. At 
the bottom of the judicial system there are justice courts 
for hearing cases of minor importance arising in the 
town, village, or city. Justices of the peace preside over 
these courts.* Between the highest and the lowest 
courts there is always one and sometimes there are two 
or three grades of courts. Each is given jurisdiction 
within a certain district and over a certain class of cases. 
Each possesses, in addition, the right to review and con- 
trol the proceedings and processes of lower courts. Fre- 
quently probate business, the settlement of the estates 
of deceased persons and matters relating to this, is given 
to a separate court called the probate court, f In large 
cities a distinct series of courts becomes necessary. 

Important changes have come about since the estab- 
lishment of the older State governments in the appoint- 
ment and tenure of judicial officers. At that time judges 
were appointed by governors or elected by legislatures, 
and their terms were for life or during good behavior. 
"With few exceptions judges are now elected by the peo- 
ple for comparatively short terms. Many writers con- 
demn this change, claiming that it has resulted in lower- 
ing the standard of ability and integrity among judges. 
It is said that popular elections make it possible for men 
of strong political following, not necessarily the ablest 
and most upright, to secure places upon the bench. 
Others claim that appointment of judges and life tenure 
are undemocratic ; that the present methods are neces- 
sary to secure complete popular government. The judi- 
cial, no less than the other branches of government, it is 

*Iii cities the terms " police courts " and " police justices " are used. 
+ In New York this is the Surrogate's Court, 



State Governments 23 

said, should be brought, through elections, into fre- 
quent contact with the popular will. 

Some general facts concerning State and local officers Some 
are worthy of brief notice. Popular election, rather than considera- 
appointment, is the rule in local units and for the most 
important State offices. Hence we have frequent elec- 
tions and a corresponding opportunity for popular in- 
terest in and control of local affairs. 

All important officers are required to take oath (or af- 
firmation) to " support the Constitution of the United 

States and the constitution of the State of , 

and faithfully to discharge the duties of the office of 
." Officers who have considerable responsi- 
bility, and especially those in whose custody money is 
placed, are requii'ed to furnish bonds for the faithful 
performance of their duties. Compensation of officers 
is either by salary, by fees, or by a combination of both. 
The removal of State officers during their terms is gen- 
erally by process of impeachment. Appointed officers 
may be removed by the power appointing them, and in 
some cases local officers may be removed by the gov- 
ernor or by some other State or local officer. 

As we study the chapters that follow, it will be well 
to remember that the source of authority in local 
government is the State. The machinery of town, vil- 
lage, city, and county governments is created by State 
law, which endows them with all the powers they pos- state and 
sess. Now this makes possible the present tendency powers. 
toward the extension of State authority into local affaii'S 
by way of insj)ection and supervision, and even by State 
control. Matters formerly left to local governments 
entirely are being put under State regulation, either 
partially or completely. "We shall find this true in the 
stricter supervision of pubhc health by State officials ; 
also in the control, now given to State boards and 



24 



State Governments 



Should 
state func- 
tions be 
extended ? 



officers, over penal and charitable institutions. It is 
thought by some that State authority might be ex- 
tended with advantage to the building of roads and the 
thorough supervision of school systems. By central 
control in these matters, it is argued, the services of the 
most capable officers might be secured ; the methods 
employed vp-ould be uniform throughout the State, and 
the best methods would be extended to every section. 
But centralization of power meets strong opposition in 
most communities. For the exercise of local powers 
by local authorities is a fundamental principle deeply 
planted in the minds of American citizens. From this 
standpoint it is urged that the conduct of local govern- 
ment should be placed in the hands of officers who are 
directly responsible to the people most concerned. 
There results a degree of interest and of particijDation in 
local government that brings to the people much valu- 
able education in politics. This problem — the right 
distribution of powers between State and local govern- 
ments — is one that desei-ves attention from citizens who 
expect to participate in the governmental operations 
next described. 



. SUPPLEMENTAUT QUESTIONS AND REFERENCES. 

1. Write in parallel columns the titles, names, terms, 
and salaries of the executive and administrative officers of 
your State. Make a list of the executive boards and com- 
missions. Indicate whether these officers are elected or 
appointed. 

2. Is the pardoning power wisely used in your State? 
(See N. Am. Rev., 154 : 50-63.) Has the governor had 
occasion to call out the State militia ? Why should the 
governor have the veto power ? ^ 

3. The workings of the executive department in all its 
branches may be studied from the reports of officers that 
are printed by the State. 



State Governments 



25 



4. Are there in your State societies, semi-oflQeial in 
character, that receive financial aid from the State ? What 
is the purpose for which each society is organized ? 

5. Outline the judicial system of your State, giving the 
names of the courts, the composition, sessions, and juris- 
diction of each. What are the terms and salaries of the 
judges ? What are the names of the judicial officers in 
whom you are most interested ? 

6. Do you favor appointment or election of judges? 
Short terms or life tenure? See Bryce, I, 483-489 (504^511). 

7. Is there a chancery coiirt in your State ? What matters 
do chancery courts consider ? What is included under the 
term ' ' probate business ? ' ' 

8. Obtain blank forms for official oaths and bonds. 

9. Can you give instances of abuses arising from the fee 
system ? In -what cases is this system best ? 

10. How are vacancies filled in the various offices ? 

11. How would you proceed to bring about the removal 
of a certain officer for non-performance of his duties ? 

12. In most States, the building and maintenance of roads 
is purely a local function. Is this work successfully per- 
formed ? Should the States aid in making good roads ? 
Forum, 26 : 668-672 ; Highway Construction in Massa- 
chusetts, Pop. Sci. Mo., 51 : 73-82. 

13. Which excites most interest in your locality — local, 
State, or National government ? Is this as it should be ? 

14. Compare local government in the United States with 
the system of France. Wilson, The State, 214-223. Which 
do you prefer ? 

15. Make an outline of the three branches of government 
in your State on this plan : 



Government. 


Legislative. 


Executive. 


JudiciaL 


State 

County 

Town 









16. General accounts of State governments are found in 
Bryce, I, chapters 41, 42, 44, 45 ; Wilson, The State, 500- 
534. 



CHAPTEE IV 

CITY GOVERNMENT 

The crowding together of people in large cities is the 
result of new industrial conditions that have come about 
in America since the beginning of the nineteenth cen- 
tury. The immense increase in the use of machinery 
driven by steam and electric power has made possible 
the modern factory system. Manufacturing is no lon- 
ger a home occupation ; its great establishments gather 
about them the workmen whose numbers swell the city 
populations. Improvements in transportation methods 
and means of communication have developed commerce, 
and thus enhanced the importance of the city, which is 
the centre of commerce. The mere presence of large 
numbers of inhabitants within a limited area makes the 
Conditions conditions of human life in a city quite different from 
conditions in rvu-al communities. In the city we have 
the poor, the ignorant, and the vicious thickly populat- 
ing wards adjacent to others where wealth and culture 
predominate. Contamination of air, water, and food 
threatens health on every side. Business life in a city 
is remarkable for the energy with which it is conducted, 
the enormous sums involved in its transactions, and the 
employment of workmen in great numbers. It is said 
that "In the jostling throngs of the city a careless or 
vicious member of society has a hundredfold more op- 
portunity to disturb the comfort and endanger the 
health and well-being of his fellows than in the coun- 

26 



City Government 27 

try." * Government must fit itself, both in the manner 
of its organization and in the execution of its functions, 
to these conditions. We see, then, the necessity of gov- 
ernment on a lai'ge scale, conducted by numerous 
officers, and involving the raising and expenditure of 
vast sums of money. At the same time, we find the 
entrance of governmental regulation into the minute 
details of the citizen's life. We can hardly expect to 
have so much complicated political activity without 
correspondingly difficult problems. 

City governments in the United States are organized 
upon the general plan of the division of powers among 
legislative, executive, and judicial branches. But the 
details of municipal organization and administration are 
so various that a general description is almost impos- 
sible. The framework of a city's government is pre- 
scribed in a special charter granted by the State leg- The 
islature, or in a general State law. In the latter case 
some uniformity is secured among cities of the same 
size in the same State. 

The city legislature is regarded as the most im- 
portant part of its government. It may be composed of 
one or of two houses. The members are uniformly The 
elected, generally from wards ; where there are two 
houses, the members of the upper one may be elected 
from the city at large. In size, city councils vary 
greatly. f The members are sometimes salaried, but 
more frequently they serve without pay. 

The chief executive is the mayor, who is elected to 
office by the people. His term is most frequently one The 
or two years, but the tendency is to make it longer. 
He sometimes presides over the meetings of the city 

* Shaw, Municipal Government in Continental Europe, 7. 
t Chicago, 70 ; Philadelphia, 170 ; St. Louis, 41 ; San Francisco, 13. 
Wilcox, The Study of City Government, 161. 



28 



City Government 



The 
judiciary. 



Administra- 
tive depart- 
ments. 



Depart- 
ments under 
committees 
or boards. 



council, and in most cities has the power to veto its 
ordinances. The executive and administrative powers 
of the mayor are much greater in some cities than in 
others. He is usually the head of the police depart- 
ment, and in this direction his authority is quite ex- 
tensive. 

The judicial system of a city generally includes two 
kinds of courts : (1) the ordinary State courts (justice 
and district or superior courts) ; (2) special city or 
police courts. The jurisdiction of the latter is usually 
confined to minor cases, and the division of authority 
between the two kinds of courts is not always clear. 

In a town or village government, the local board may 
have oversight at the same time of public health, chari- 
ties, streets, sidewalks, and lighting. But as population 
grows more dense, these public interests increase in ex- 
tent, complexity, and importance until it becomes neces- 
sary to make provision for the separate supervision of 
each one. We then have administrative departments, 
few in number in small cities, but very numerous in 
large ones.* 

It is a common practice in small cities to intrust to 
committees of the council the management of depart- 
ments. Or it may be that a body of men known as a 
board or commission is elected or appointed for this 
purpose. Frequently such a commission or board will 
employ an overseer to superintend work that may be in 
progress under its direction. Now, this method of 
managing administrative departments has serious faults. 
Much of their work is executive in nature, and a com- 
mittee composed of several members does not act with 



* Boston has 33. The eighteen departments of Greater New York 
are, at present, finance, taxes and assessments, law, police, health, fire, 
buildings, highways, water supply, bridges, street-cleaning, sewers, public 
buildings, parks, docks and ferries, education, charities, and corrections. 



City Government 29 

sufficient promptness and unity of purpose. Further- 
more, it is difficult to locate responsibility among the 
members of a committee ; these are apt to shift the 
blame for bad management from one to another, and 
when responsibility rests upon several no one feels its 
burden seriously. Because responsibility is not definite 
and certain the temptation to yield to corrupt influences 
is strong. Members of such administrative bodies 
have sometimes entered into "deals" with contractors 
to furnish materials to the city at exorbitant prices.* 
"When members of administrative boards are council- 
men elected by popular vote, they are tempted to give 
"jobs" to influential politicians and to unnecessarily 
large numbers of workingmen. Incompetent employees 
and stuffed pay-rolls are the result. 

Opportunities for the abuse of official power are espe- 
cially frequent in the police departments of large cities. Police de- 
We have, for example, the appointment of men upon a 
police force for purely political reasons. The adoption, 
in some cities, of a competitive examination system in 
this department has resulted in higher physical stand- 
ards and more intelligent officers. In several of the 
larger cities there has existed the systematic protection 
of law-breakers by the police, under a well-understood 
scale of prices. There is no department of city govern- 
ment which may become more serviceable to the people 
and reflect more credit upon the city, than the police de- 
partment ; and its power for evil, in the corruption of 
public morals, is equally great. Unfortunately, police 
departments are very often managed from the stand- 

* Under the rule of the Tweed Ring, in New York City, a court-house 
which should have cost $250,000 was still unfinished after the expendi- 
ture of $8,000,000. For Tweed Ring see Encyclopedia of Social Reform ; 
Bryce (last edition), II, chapter 88; Conkling, City Government in the 
United States ; Andrews, History of the Last Quarter Century, 1, 11-16 ; 
Scribner's Mag., 17 : 274-276. 



partments. 



30 



City Government 



Non- 

g artisan 
oardB. 



The single 
depart- 
mental 
head. 



point of party politics, rather tlian upon the basis of 
merit and military discipline. In sharp contrast with 
these are the fire departments of American cities, which 
are remarkable for their efl&ciency andthe purity of their 
management. 

It is the shameless and wide- spread corruption origi- 
nating in the administration of municipal departments 
that, more than any other single cause, accounts for the 
bad government of American cities. Many experiments 
have been tried for the improvement of this condition. 
As a device for preventing the entrance of political 
favoritism into the work of departmental boards, 
these are sometimes composed of members belonging 
to different political parties. They are called non-par- 
tisan or bi-partisan boards. Experience does not show, 
however, that this plan is successful in securing non- 
partisan control, as the members frequently agree upon 
a division of the " spoils " for political purposes. When 
it has seemed desirable to place a municipal department 
under a single officer, instead of under a board, the man- 
ner of appointing this officer becomes a new problem. 
If he be nominated by the mayor and confirmed by the 
council., neither of these authorities is willing to assume 
the responsibility for his conduct. Appointments for 
political reasons are common because each such appoint- 
ment strengthens the political position of those who 
make it. 

In recent years there has been a tendency toward 
placing administrative departments under the authority 
of the mayor alone, as a means of fixing responsibility 
more definitely. The mayor is given absolute power to 
appoint and to remove heads of departments.* At the 

* He becomes in the city what the president is in the National govern- 
ment ; whereas, otherwise there is a separation of executive and admin- 
istrative departments, as in our State governments. Wilcox, 191-192. 



City Government 31 

same time the other powers of the mayor have been in- 
creased under the influence of popular distnist of city 
councils. The success of this plan — the single depart- The 
mental head and the increased power of the mayor — de- powers 
pends largely upon the character of the men brought 
into office. If the mayor is a man of integrity and 
business capacity, he will endeavor to select suitable men 
as heads of departments. But often it is difficult to 
find these ; for, except in the larger cities, administrative 
chiefs do not devote their entire time to official duties, 
and capable citizens are loath to take time from their 
private business for this work. It becomes apparent, 
therefore, that the mere concentration of authority in 
the mayor may not bring better results than its distri- 
bution among committees of the council. Reformers 
who had hoped to cure the evils of city government by 
this change in organization have been disappointed in 
the resrdts that have so far been accomplished. 

The National Municipal League publish as "A Municipal Pro- 
gram," a model city charter, drawn up by a committee of its mem- 
bers who are recognized as authorities upon this subject. They 
recommend the organization of a city government upon the follow- 
ing plan : 

1. A single-chambered council elected on the general-ticket A model 
plan, for terms of six years — one-third every two years. gaidzation. 

2. A mayor elected for a terra of two years ; his salary to be 
fixed by the council. The mayor is to appoint all heads of de- 
partments (except controller). Subordinates are to be appointed 
under a civil service examination system administered by a com- 
mission of three members to be appointed by the mayor. 

3. The controller is to be elected by the council and is head of 
the financial department of the city. 

We have now reviewed one of the great problems of 
municipal government. The solution of this, and of 
other problems that are soon to be noticed, depends not 
so much upon the adoption of a certain plan of organ- 



32 



City Government 



Primary 
functions 
of city gov- 
ernment. 



City 
officers. 



ization as upon the creation of correct ideals of city 
government. Two questions may be asked : What is 
the primary purpose of municipal government? and, 
What should be required of those who administer it ? 

The least that may be expected of a city government 
is that it guard public health, enable citizens to live in 
security and comfort, and maintain an efficient educa- 
tional system ; and, also, that in doing these things pub- 
lic money be justly collected and honestly expended. 
If one follows out in detail this necessary work of city 
government, he will be impressed with the fact that 
these are matters of business almost exclusively, rather 
than matters of political policy. The council, being a 
deliberative body, should determine questions of policy ; 
but no such questions are rightfully involved in the 
matters of which we have just spoken. Furthermore, 
it is true, especially in large cities, that many matters, 
such as sanitation, the water supply, and the construc- 
tion of public works, are purely technical in their 
nature and should be in charge of experts. 

What, then, should be demanded of public officials? 
Evidently, some should be men of technical training. 
All should possess the same business capacity and zeal 
for the interests of their employers (the public) that are 
required in the sphere of private enterprise. 

Now when there exist in a city right ideals in these 
fundamental matters, questions of organization become 
much simpler. It is not necessary, nor is it desirable, 
that the framework of municipal government should be 
the same in all cities of the country. The best arrange- 
ments will give evidence of their superiority in the 
course of time. 

In the employment of subordinate officers, numerous 
cities * have adopted, within recent years, civil service 

* Among them New York, Chicago, Milwaukee. 



finances. 



City Government 33 

reform methods. Certain employees, whose duties are civii 
mainly routine or technical in character, are selected on reform, 
the basis of examinations. These officers are retained 
during good behavior, instead of being turned out at 
every change in administration. The adoption and im- 
partial administration of this system is a step in the 
right direction, for it means that business methods are 
to prevail, where once public office and public interests 
were subordinated to the demands of private greed. 

The administration of a city's finances tests, to the 
utmost, the quality of its government. The revenues 
and expenses of many cities exceed those of the States 
in which they are situated. Glreater New York spends 
three times as much as New York State,* Boston four 
times as much as Massachusetts. The raising and ex- city 
penditure of these immense sums of money, without the 
taint of fraud, is exceedingly difficult and unusual. We 
shall see in a later chapter how, by the undervaluation 
and concealment of property, many persons escape their 
just burdens of taxation. Such abuses are much more 
difficult to detect in cities than in rural communities, 
where business is conducted with less privacy. This is 
true, too, in the expenditure of public funds. The citi- 
zens generally do not understand, and do not watch 
carefully, the processes by which their money is applied 
to the objects of city government. This is because ex- 
penditures are made in such a great variety of ways, and 
because the machinery of city government is compli- 

* See Coler, The Most Expensive City in the World. Pop. Sci. Mo., 
57 : 16-22. In 1899 the expenses of New York City were $20,000,000 more 
than those of London, $18,000,000 more than the expenses of Paris, and 
only $1,000,000 less than the combined expenses of Chicago, Boston, and 
PhUadelphia. New York's budget for that year was $93,000,000. For 
1901 it was $98,000,000. (The Nation, 71 : 358. ) PhUadelphia's expenses 
in 1899 were $27.76 per capita; in 1800 they were but $0.97 per capita. 
See Pop. Sci. Mo., 58 : 67. 



34 



City Government 



cated. The officers wlio are responsible for the expendi- 
ture of money are frequently unknown to the tax-payer. 
These officers are more indifferent to the existence of 
abuses in connection with city finances, and the press- 
ure of public opinion is much less direct than it is in 
rural communities. 

The table below shows the number of cities in the United 
States of more than 8,000 population for each census year, and 
the percentage of the total population living in those cities. 



Finances 
and growth 
of cities. 



1790 
1800 
1810 
1820 
1830 
1840 



Number 
of cities. 


Per cent, of 
total popu- 
lation. 


6 


3.35 


6 


3.97 


11 


4.93 


13 


4.93 


26 


6.72 


44 


8.52 





Nnmher 




of cities. 


1850 


85 


1860 


141 


1870 


226 


1880 


286 


1890 


447 


1900* 


545 



Per cent, of 
total popu- 
lation. 



12.49 
16.13 
20.93 
22.57 
29.20 
33.10 



The following statistics give the per capita indebtedness of some 
representative American cities: Kansas City, Mo., $23.44; Mil- 
waukee, $20.44; Philadelphia, $29.33; Providence, $85.05; St. 
Paul, 143.71; Utica, $8.07; Sioux City, $56.70; Toledo, $40.71 ; 
Chicago, $13.76 ; Indianapolis, $10.09. Bulletin of the Depart- 
ment of Labor No. 24, September, 1899. 

The question of finances is most serious in cities of 
rapid growth. For here the extension of streets and 
other public works offers opportunity for extravagance 
and dishonesty in the handling of public money. More- 
over, in such cities experience furnishes but slight basis 
for legislation. There is always excuse, and often ne- 
cessity, for the contraction of debts. Even when the 
proposition to issue bonds is submitted to a vote of the 
people, little business prudence is exhibited in the de- 

* These statistics are given in Census Bulletin No. 70, July, 1901. 



City Government 35 

cision. Property-owners who are among the largest 
tax-payers favor the extension of public improvements 
as a method of advertising the city, and so insuring its city debts, 
rapid gi'owth. As a result, they anticipate large profits 
in business and in real-estate transactions. But great 
dangers attend this policy whenever it is entered upon. 
The evils of over-taxation and the accumulation of mu- 
nicipal debts have become so serious that many State 
governments have set limits upon the power of cities to 
bond themselves. Some general supervision of munici- 
pal finances by State governments seems necessary. 

But the indiscriminate interference of State legislat- 
ures in municipal affairs has wrought far more evil than 
good. The granting and amendment of city charters 
by special acts of legislatures have in the past opened 
the way for the arbitraiy regulation of city affairs by those 
who were not acquainted with local conditions.* Con- Legislative 
sequently in a majority of the States special legislation 
for cities is prohibited. Cities must be organized and 
their powers defined by general laws. The legislature 
may, however, adopt a classification of cities and enact 
a general law for each class. The purpose of the re- 
qxdrement for general legislation is defeated when such 
a classification of cities is adopted that but one city 
is included in a given class. " Home rule " for cities, 

* New York City has suffered greatly from this evil. A recent 
writer says: "The city of New York is governed from the State 
capitoL Scores of laws are passed every year relating to matters of 
purely local interest and of minor importance. A hill for a park in a 
densely-populated portion of the city is introduced at Albany, and 
perhaps passed with little regard as to whether the city or the people 
of the locality desire its enactment. . . . This mass of legislation 
which flows into Albany from New York and from every other city, 
overburdens the State legislature. If every bill of local interest were 
thoroughly considered, nothing else could be accomplished, and the 
interests of the State would be neglected." — Municipal Affairs, IV, 
452, Sept., 1900. 



36 



City Governmerd 



Home rule. 



Municipal 
functions. 



Natural 
monopolies. 



within the limits of general laws, seems a reasonable 
and necessary demand, in the face of the corrupt and 
oppressive legislation enacted at State capitals. Never- 
theless, because of extremely bad conditions in the 
cities themselves, police boards have sometimes been 
appointed by governors. And in several other matters 
of administration, such as charities, health, and educa- 
tion. State supervision of city systems is a common 
practice. 

"We now approach the question. What is the proper 
sphere of municipal activity ? This is a question upon 
which wide differences of opinion exist. There is com- 
mon agreement that city governments should provide 
pavements, sewer systems, public parks, and schools. 
But the business of supplying water, lights, and street- 
car service has in the main been left to private or cor- 
porate enterprise. There is, however, some tendency 
toward municipal ownership. More than one-half the 
water-works plants in the United States are now owned 
by cities ; a very much smaller proportion of the light- 
ing plants and almost no street railway lines are mu- 
nicipal. 

It is generally recognized that because of the circum- 
stances under which water, light, and transportation 
facilities are furnished, the industries that furnish these 
necessities tend to become monopolies.* Little or no 
competition between rival plants is possible. Conse- 
quently, there is danger that the rates and charges will 
be excessively high. In many cities the operation of 
these plants has yielded enormous profits to their own- 
ers. To conceal the real size of their profits, corpora- 
tions sometimes "water " their stock, i.e., the amount of 
stock is increased beyond the amount of money invested 
in the plant. The size of the dividends paid on the 

*See Ely, Problems of To-day, chapters 18 and 19. 



City Government 37 

total stock now represents a much greater rate of profit 
on the actual capital of the corporation. 

At one point the industries now under discussion are 
different from other enterprises: their operation in- 
volves the use of the city streets. Because the streets 
are public property, the right to construct and operate 
a plant is given in a franchise granted by the city coun- 
cil. A franchise is in the nature of a contract, the Franchises, 
parties to which agree upon the obligations assumed 
by each. An individual or a corporation obtaining a 
franchise agrees to furnish a certain quality of sei'vice. 
If this is not done, the penalty may be the forfeiture of 
the franchise. Practically, however, it has been found 
very difficult to enforce strict adherence to the terms of 
agreement, by legal procedure. The rates to be charged 
for service may or may not be stated in the franchise. 
If they are not, the patrons have little protection from 
extortion. The justice of fixing rates in a franchise de- 
pends upon the length of time for which it is to oper- 
ate. The growth of a city thi-ough a long term of years 
brings immense advantages to the industries that we 
have under discussion ; for the greater poptdation can 
be served at only slightly increased cost to the owners 
of the plants. 

Such being the conditions under which public service 
plants have been operated by individuals and corpora- 
tions, the question has been freely discussed. Should not 
the city itseK own and control these industries, and Municipal 
furnish the service to the people at cost ? Two alterna- ^^^^^^ 'P* 
tives are presented : public ownership and operation, 
or, strict control by city or State authorities. 

A strong objection to the first plan is the fact that 
party politics enters so extensively into municipal elec- 
tions. WoTild not a municipal plant be operated for objectioDs. 
the political advantage of the party in power ? Corrupt 



38 City Government 

and inefficient employees would find places in such a 
system, while private ownership of an industry insures 
management by economical business methods. The ad- 
vocates of municipal ownership reply that the amount 
of corruption in the management of a plant could not 
exceed that which now attends the granting of franchises 
by city councils. The right to use public property 
under favorable conditions is a valuable concession for 
which the grantees should be willing to pay. But the 
history of every large city records the granting of fran- 
chises without compensation. This may occur through 
the ignorance or indifference of aldermen ; but in too 
many cases their votes have been bought and paid for 
in money, or political influence, or shares of stock. It 
would seem, then, that we have but a choice of evils ; 
that the same state of public apathy which makes it 
possible for corporations to bribe aldermen and violate 
their franchises would make an honest and economical 
administration of a municipal plant very improbable. 
Admitting the deplorably low state of official capacity 
and public spirit in many cities, the advocates of munic- 
ipal ownership urge that the assumption of municipal 
responsibilities is the best means of awakening the in- 
terest of the people in city affairs. 

Those who do not accept municipal ownership as a 

desirable solution of the problem advocate various ways 

Methods of of Controlling the operation of plants under private or 

control. . ■, ■ r^^ „ ,, . 

corporate ownership. The following regulations* are 
recommended : 

1. No franchise should be granted for a longer term 
than twenty-one years. 

2. The grantee should pay a fair price for the privi- 
leges secured ; and, in addition, a percentage on gross 
receipts. 

* Adapted from " A Municipal Program," 127. 



City Government 39 

3. At the end of the term, the franchise should revert 
to the public ; the right of the city to acquire the plant, 
with or without compensation, being reserved. 

4. The financial accounts of the grantee should be 
matters of public record, and should be open to exami- 
nation by an ofiicer of the city. 

The problem of municipal ownership is one phase of 
a broader question, viz. : How far should municipal 
functions be extended ? It being granted, for example. Extension 
that the control of sanitary conditions is a public func- nicipai 
tion in the interest of health, may not a city properly 
maintain public baths and laundries ? Recreation is 
provided for by parks and boulevards ; public play- 
grounds and gymnasiums may be justified on the 
grounds of both recreation and health. A school system 
ordinarily furnishes education in a limited field, and to 
children only. The public library is a means of education 
to those citizens who are beyond school age. Municipal 
art galleries and the furnishing of music at public ex- 
pense are considered by many as equally legitimate un- 
dertakings. How far the city should encroach upon 
the field now given over to private enterprise is a ques- 
tion upon which men naturally differ, as radicals and 
conservatives. There is at present a strong tendency 
toward the exercise of new functions by city govern- 
ments in many directions. 

Public baths are established in New York, Chicago, Boston, 
Buffalo, and Brookline (Mass.); municipal markets in Washington, 
Philadelphia, New York, Boston, and Baltimore. New York and 
Toledo have employment bureaus, Boston a municipal printing 
plant, and Syracuse a lodging-house. 

Two fundamental conditions seem worthy of state- 
ment as explaining the generally unsuccessful working 
of city governments in the United States. 1. The prev- 
alence of the party spirit in mimicipal politics. The 



40 



City Government 



Party poli- 
tics in city 
govern- 
ment. 



Reform 
movements. 



Lack of 
civic spirit. 



National political parties are organized on the basis of 
issues in National politics, such as the tariff, the money 
question, and colonial expansion. There is nothing in 
the nature of the questions arising in city government 
to justify adherence to national party divisions in local 
politics. When this is done, voters become blinded to 
the real merits of issues and candidates ; and city offices 
are regarded as legitimate rewards for party service. 

When city and general elections are held at different 
times, there need be no confusion of National and local 
issues. Then independent movements may be organized 
and candidates nominated irrespective of parties. At 
various times, in our large cities, corrupt rings have 
been overthrown by the united action of citizens of all 
parties aroused for the suppression of some great evil. 
But such movements are too often but temporary ; the 
evil abolished, men fall back into party lines. Constant 
pressure is exerted by party leaders to prevent the in- 
dependent action of voters, because it is demoralizing to 
the strict discipline of party organization. On the other 
hand, the leaders of reform movements generally under- 
estimate the importance of organization and political 
machinery in holding their followers permanently to the 
task they have undertaken. So the independent move- 
ment, though easily successful once or twice under the 
sting of municipal disgrace, often fails to accomplish 
lasting results. 

2. The second general condition that explains the 
failure of city governments is the lack of civic spirit. 
This is sometimes accounted for by the presence, in our 
cities, of a large foreign element.* Doubtless the crea- 



* Percentages of foreign-born population are as follows: New York, 
423^; Chicago, 41; Philadelphia, 25%; Baltimore, nearly 16. See 
Wright, Practical Sociology, 118, 122; Wilcox, 118; Seventh Special 
Report United States Bureau of Labor, 



City GovernTnent 41 

tion of a rmiiied civic spirit is rendered very difficult by 
this condition. But the final responsibility for bad 
government cannot be placed upon OTir citizens of 
foreign birth ; nor even upon the ignorant and vicious Foreip 
classes. It may be fairly maintained that " there is not 
a city in the Union in Tvhich the honest, orderly, and 
industrious voters are not in a large majority." * Citi- 
zens need, above all, to feel a unity of interest in good 
government. They need to feel the necessity of co- 
operation in civic improvement, private opinions, and 
selfish interests giving ^vay to public welfare. The 
attainment of this ideal is a matter of slow growth ; 
and the new and unsettled conditions of rapidly expand- 
ing cities retard this growth. In the end, good city 
government will be brought about only by constant and 
patient attention to civic duty on the part of citizens. 

Within recent years much progress has been made 
in this direction. Public interest has been aroused, 
and many refonns have been accomplished. The 
systematic study of municipal problems has been Municipal 
begTin. Permanent organizations, such as the Civic movement. 
Federation and the Municipal Voters' League of Chi- 
cago, the Municipal Eeform League of Boston, the Mu- 
nicipal League of Philadelphia, the Good Government 
Clubs and City Vigilance League of New York, have been 
effectual in keeping the facts and needs of city govern- 
ment before the people. Numerous State leagues and 
the National Municipal League give opportunity for 
discussion of municipal problems, besides spreading in- 
formation by theii' publications. The public schools 
have a part to perform in fostering the newly awakened 
civic spirit of the times. Preparation for the perform- 
ance of the citizen's duties is becoming an important 
part of school work. The use of school buildings by 

* Godkia, Problems o€ Democracy, 150. 



42 City Government 

the community as centres of social influence is a ten- 
dency working in tlie same direction. Thus we see that 
the forces are at work which will ultimately solve the 
problems of city government. 

The gov- The city of Chicago * is divided into thirty-five wards ; from each, 

eminent of ^.^^ members are elected to the single-chambered city council. Work 
in the council is conducted mainly by committees, which are elected 
by the council itself. These committees determine the city's pol- 
icy upon the important subjects of finances, licenses, public works, 
and franchises. The mayor is elected for a term of two years. 
He presides in the council, but has little power there, except as 
chairman, casting a tie vote, and in the exercise of his veto power. 
The mayor appoints all heads of departments and other officers 
that are not elected. A Civil Service Law passed in 1895 by the 
State legislature requires that subordinate officers be selected 
under an examination system ; tliis is conducted by a commission 
appointed by the mayor. 

At the head of each administrative department is a single respon- 
sible ofiicer. There are the departments of Public Works (includ- 
ing the bureaus of street-cleaning, engineering, streets, water 
supply, and telegraphs), Police, Fire, Health, Electricity, and 
Schools. The comptroller is the head of the Finance Department, 
with extensive powers over all fiscal matters, including contracts and 
bonds. His signature is necessary on warrants authorizing ex- 
penditures. The city treasurer is a clerical officer, without such 
discretionary powers as those exercised by the comptroller 

The park systems of Chicago are not under the control of the 
city government. Park Boards are appointed, constituting distinct 
administrative departments. Moreover, "the park areas are tax- 
gathering and tax-expending areas for park purposes." The Chi- 
cago Drainage District is also a separate administrative area, with 
full powers of taxation and expenditure. It naturally includes 
more territory than the city alone. The Board controlling this 
district is composed of nine elected members. 

Similar industrial changes have caused the same rapid growth in 
European as in American cities. Between 1870 and 1890, Berlin 

* Based upon Sparling, Municipal History and Present Organization 
of the City of Chicago. Bulletin of the University of Wisconsin, 
No. 23. 



City Government 



43 



grew faster than New' York, Haraburg faster than Boston, Munich Foreign 
faster than St. Louis. The following table shows populations for 
1900, with percentages of increase since 1890 : 



Greater New York. 

Chicago 

Philadelphia 

St. Louis 

Cleveland 

Buffalo 

Cincinnati 

Pittsburg 

New Orleans 

Milwaukee 



3,437.202 


31 ] 


1,698,575 


108 


1,293,697 


24 


575,238 


28 


381,768 
352,219 


63 i 
65 i 


325,902 


16 


321,616 


53 ! 


287,104 
285,315 


12 1 

77 1 



Berlin. . . . 
Hamburg. . 
Munich... . 
Leipzig.. , . 
Breslau... . 
Dresden. . . 
Cologne . . . 
Frankfort. . 
Nuremberg 
HanoTer . . 



L,884,345 
704,669 
498,503 
455,120 
422,415 
395,349 
370,685 
287,813 
260,743 
234,986 



19 
119 
46 
54 
26 
43 
31 
60 
83 
44 



In European cities the councils are generally larger than with 
us, and their members are elected for longer terms. Voters must 
have property qualifications in most European countries, though 
not in France. In Italy an educational qualification is required. 
In German cities, no salaries are paid to councillors. The position 
is regarded as one of honor, and members of councils are of higher 
character than in American cities. 

Mayors in England and France are elected by city councils; 
in several other countries they are appointed by the national 
government. The German Burgomaster is a specialist in munic- 
ipal government, with a body of trained experts as his assistants. 
He is paid a good salary, and is frequently transferred from one 
city to another, as the heads of business corporations are in this 
country. 

Party politics plays less part in the affairs of European cities than 
in the United States ; they have, consequently, less corruption 
among city officials. The idea of a trained and permanent civil 
service is universal. Greater public interest and higher ideals of 
city government may be found in European cities. 

In this country the State is the source of all municipal powers. 
The city may exercise only such functions as are delegated to it. 
In European countries the reverse is true. " The municipal cor- 
poration may do anything where power has not been conferred 
specifically upon some other authority, and is subjected to a central 
control only where the law specifically and expressly provides for 
such a control." * European cities have extended their functions 
in many directions that are unknown in most American cities. 

* Goodnow, Municipal Problems, 35S-254 ; Wilcox, 170-173. 



44 City Government 

There, water, lighting, and street-railway plants are much more 
commonly owned or more strictly controlled than in our cities. 
Municipal slaughter-houses (abbatoirs) are common in German and 
Austrian cities ; pawn-shops and savings banks, in French and Ger- 
man cities. Municipal lodging-houses exist in Glasgow, Berlin, 
and Paris ; baths in Birmingham, Sheffield, Liverpool, and many 
other cities. Municipal concerts are given in Glasgow and New- 
castle-on-Tyne, and the cities of Odessa, Budapest, and Paris sup- 
port theatres. Amsterdam and other foreign cities have municipal 
telephone systems. 



SUPPLEMENTAKY QUESTIONS AND REFERENCES. 

Make a study of your (or a neighboring) city on the fol- 
lowing points: 

1. Economic reasons for its location and growth. 

2. Time and circumstances of its incorporation. The 
original limits. Reasons for subsequent enlargement of the 
city. 

3. The city legislature — name, number of members. 
How are they elected ? For what terms ? Are they paid ? 
Do you think changes would be desirable in these re- 
spects ? Can you make a general statement concerning the 
occupations and qualifications of members ? 

4. The executive — title — term — salary. What are his 
powers of appointment ? Has he the veto power ? Should 
his powers be increased ? 

, 5. Judiciary — courts— officers — jurisdiction. 

6. How many administrative departments are there ? 
Are they under the control of committees, boards, or single 
heads ? What is the relation of each department to the 
mayor ? to the council ? Outline the work of each depart- 
ment. Does the present arrangement work successfully ? 

7. Obtain a statement of the city's finances, showing re- 
ceipts and expenditures. Is there a bonded debt? How 
is it managed ? Is there a sinking fund? 

8. What is the relation existing between this city and 
the State government? Would more "home rule" be 
desirable, or less ? 



City Government 45 

9. How are the water, lighting, and street-car plants 
managed ? Would you change the system ? Do you favor 
the extension of the city's functions in other directions ? 

10. What kinds of street pavement are used ? What is 
the best kind ? How much does it cost ? 

11. What method of garbage disposal is in use ? How 
are the streets cleaned ? Are these methods effectual ? Can 
students in the public schools help in keeping the city 
clean? Can they do anything toward beautifying the 
city? 

12. What is the organization of the police department ? 
Can you recommend improvements ? If an oflBcer fails to 
enforce an ordinance, what course would you take to se- 
cure its enforcement ? 

13. Does your city have to deal with problems of the 
slums and tenement houses ? Is there a large foreign-born 
element ? Would you recommend any limitation of the 
suffrage ? 

14. Are iadependent or reform movements successful in 
this city ? 

15. What are the excellent features of the city's govern- 
ment ? What are its faults ? What reasons can you assign 
for its excellencies and its failures ? 

16. Organize your class as a city council and pass ordi- 
nances that you think beneficial. 

The most useful books on City Government are the 
following : 

Bryce, American Commonwealth, I, chapters 50-53 ; 
II, chapter 88 (third edition, chapters 88, 89) ; Conkling, 
City Grovernment in the United States ; Wilcox, The Study 
of City Grovernment ; Devlin, Municipal Reform in the 
United States ; Tolman, Municipal Reform Movements ; 
Bliss, Encyclopedia of Social Reform ; A Municipal Pro- 
gram ; Riis, How the Other Half Lives. 

A valuable magazine devoted to problems of city life and 
government is Municipal Affairs. 

City GrOVERNMEiirT in GrEifERAii. — N. Am. Rev., 165: 
343-349 ; 150 : 631-687 ; 163 : 758-760 ; 173 : 751-763 ; Arena, 
17 : 529-537 ; 847-856 ; 989-995 ; Rev. of R's, 15 : 473 ; 



46 City Government 

Forum, 10 : 357-373 ; 21 : 53-64 ; 27 : 469-481 ; Century 
Mag., 40 : 798-799 ; 42 : 730-736 ; 48 : 793-794 ; Atl. Mo., 80 : 
620-634 ; Harper's Mag., 69 : 779-787 ; 84 : 709-721 ; Scrib- 
ner's Mag., 20 : 418-428 ; Pop. Sei. Mo., 58 : 60-68. 

Growth of Cities. — Forum, 10:472-477; 19:737- 
745 ; Century, 55 : 79-80. 

Civil Service Reform in Cities. — Scribner's Mag., 
18 : 238-247 ; K Am. Rev., 166 : 196-206. 

Politics and Elections. — Century, 48 : 793-794 ; 312- 
314 ; Atl. Mo., 52 : 323-329 ; Nation, 58 : 136, 422. 

Foreign Cities.— England, Rev. of R's, 10 : 70-71 ; 
5 : 282-308 ; Century, 41 : 132-147 ; 53 : 71-89 ; N. Am. Rev., 
151 : 615-629 ; Germany, Rev. of R's, 10 : 71-74 ; Century, 

48 : 296-305 ; 380-388 ; Forum, 23 : 686-697 ; Toronto, Rev. 
of R's, 10 : 165-173 ; Outlook, 58 : 351-357. 

Franchises and Municipal Ownership. — Outlook, 
58 : 920-924 ; Nation, 56 : 449 ; 58 : 285 ; 65 : 26 ; 67 : 460 ; 
Forum, 21 : 53-64 ; Arena, 13 : 118-130 ; 14 : 86-109 ; 439- 
463 ; 15 : 95-111 ; 17 : 529-537 ; 19 : 43-53 ; 20 : 545-558 ; 25: 
198-209; N. Eng. Mag., 13 : 244-252 ; Boston, Atl. Mo., 
81 : 311-322 ; N. Eng. Mag., 14 : 389-409 ; Rev. of R's, 9 : 
327-448; Outlook, 68 : 111-114; Cosmop., 30:430-434; 
557-560 ; N. Am. Rev., 172 : 445-455 ; Century, 60 : 311-312. 

Water, gas, and electric-light plants under private and 
municipal ownership. Fourteenth Annual Report of the 
Commissioner of Labor, 1899. 

Home Rule for Cities. — Century, 48 : 790-791 ; Rev. 
of R's, 9 : 682-684. 

Sanitary Conditions. — Forum, 20 : 747-760 ; New 
York, Scribner's Mag., 22 : 64-76 ; 179-190 ; Harper's Mag., 
71 : 577-584 ; N. Am. Rev., 161 : 49-56 ; Outlook, 62 : 416 ; 
66 : 126-128. 

Public baths in Europe. Bulletin of the Department of 
Labor, No. 11, July, 1897 (illustrated). 

Streets and Paving.— Century, 24 : 894-910 ; Nation, 

49 : 124-125 ; 162-163 ; Pop. Sci. Mo., 56 : 524-539. 

The Poor in Cities.— Arena, 17 : 1039-1051 ; N. Am. 
Rev., 161 : 685-692 ; Atl. Mo., 83 : 163-178 ; Riis, Battle 
with the Slums, 83 : 626-634 ; Riis, Tenements, 83 : 760- 



City Government 41 

776 ; New York Tenement House Evil, Scribner's Mag., 
16 : 108-117 ; Century, 53 : 247-252 ; 45: 314-316 ; Forum, 
19 : 495-500 ; Rev. of R's, 6 : 720-721 ; Scribner's Mag., 11 : 
697-721 ; 531-556 ; 13 : 357-372 ; 14 : 121-128 ; 17 : 102-114. 

The slums of great cities. Seventh Special Report of the 
Commissioner of Labor, 1894. 

Reform of City GtOVERNMents. — Century, 47 : 630- 
632 ; 311-312 ; 44 : 474-475 ; 46 : 155-156 ; 49 : 155-157 ; 
790-791 ; 54 : 794-796 ; Rev. of R's, Boston, 15 : 267-268 ; 
Philadelphia, 10 : 427-428 ; New York, 10 : 11-12 ; 426-427 ; 
11 : 415-417 ; Chicago, 21 : 736-737 ; N. Am. Rev., 151 : 422- 
431 ; 153 : 580-595 ; Forum, 23 : 531-538 ; 19 : 610-614 ; San 
Francisco, 26 : 567-577 ; Ai-ena, 16 : 728-735 ; 17 : 707-710; 
Outlook, 58 : 963-965 ; Harper's Mag., 99 : 641-646; Lon- 
don, Scribner's Mag., 11 : 401-424; Chicago, Atl. Mo., 85: 
834-839 ; Nation, 66 : 297 ; 58 : 40, 136. 

Greater New York. — Atl. Mo. , 79 : 733-748 ; Scribner's 
Mag., 20 : 418-428 ; Eev. of E's, 15 : 523-524 ; N. Am. Rev., 
168 : 90-100 ; Chicago, Rev. of R's, 15 : 589-591 ; San Fran- 
cisco, Rev. of R's, 19 : 569-575. 

Muis^iciPAL Art. — Harper's Mag., 100 : 655-666. 

City School, Systems. — Rev. of R's, 20 : 94-95 ; Forum, 
27 : 385-397. 



CHAPTEE V 



ELECTIONS AND PARTY GOVERNMENT 



Times of 
electionB. 



Suffrage 
qualifica- 
tions. 



In the local and State governments of our country the 
number of officers elected is very large and the terms of 
office are short ; hence elections are of frequent occur- 
rence. Town, village, and city elections generally occur 
in the spring of the year, while State and county officers 
are elected at the same time with members of Congress, 
on the Tuesday after the first Monday of November in 
the even-numbered years. There are, however, some 
exceptions to these general rules. 

Since suffrage qualifications are fixed by the different 
States,* there are many variations in details, though 
general agreement prevails upon the fundamental re- 
quirements. 1. The age at which a person may vote is 
uniformly twenty-one years. 2. Manhood suffrage is 
usual. Very few States have granted full suffrage to 
women — at present Colorado, Wyoming, Utah, and 
Idaho. In most States of the Union women vote at 
school elections. 3. It is usual to require a residence 
of six months or one year in the State where a person 
wishes to vote ; also, a brief term of residence in the 
election district. 4. Full United States citizenship is 
required in a majority of the States. In the others f a 

* The National government controls suffrage in the States through 
Amendment XV of the United States Constitution ; also, indirectly 
through Article I, section 2, clause 1. Section 2 of Amendment XIV 
might, if it were enforced, act as a restraint upon the States in their 
restrictions of the suffrage. See pp. 142-14:!. 

t Alabama, Arkansas, Colorado, Indiana, Kansas, Michigan, Missouri, 
Nebraska, Oregon, South Dakota, Texas, Wisconsin. 

48 



Elections and Party Government 49 

foreigner wlio has declared his intention to become a 
citizen is given the right to vote. 

The right of suffrage is withheld from certain 
classes of citizens, such as the insane and the feeble- 
minded, and those who have been convicted of certain 
crimes. One hundred years ago there were property- 
qualifications for voters in every State in the Union. 
The democratic movement of the first third of the nine- 
teenth century swept these laws away. At present the 
payment of a tax is a requirement in a few States.* In 
Connecticut, Massachusetts, Wyoming, Maine, Delaware, 
California, and several of the Southern States, an edu- 
cational qualification has been fixed, f 

Within the last two decades great changes have taken 
place in the manner of conducting elections in the 
United States, as the result of efforts to check wide- 
spread election abuses. Among these abuses was " re- 
peating ; " that is, voters went from one polling place to 
another, voting at each. It was comparatively easy to 
commit this fraud in large cities ; the enactment of 
registration laws has materially checked this evil. At a Kegistra- 
stated time before an election the voter must have his 
name and residence recorded with the election officials. 
The registry lists are published so that false registra- 
tion may be detected. Such laws exist in a majority of 
the States, though their action is in some cases confined 
to the larger cities, and here the laws are sometimes not 
strictly enforced. As each ballot is cast the voter's 
name is checked in the registi*y list. Voters who have 
failed to register may " swear in " their votes ; that 
is, take oath that they are qualified electors. This 
opens the way to fraud and is consequently prohibited 
in the large cities. In the main, it is recognized that 

* Georgia, Pennsylvania, Tennessee, North and South Carolina, 
t See pp. 142-143. 



60 Elections and Party Government 

registration must be a feature of every good election 
system. 

Many other forms of election abuses were checked by 
the adoption of the Australian ballot system, which now 
exists in all but one or two of the States. Under former 
election methods, each political party printed its own 
list of candidates, or the tickets might be printed by in- 
dividuals. A variety of frauds might then be committed. 
A number of tissue-paper ballots were sometimes folded 
together and cast as one ballot. Candidates could have 
ballots printed like those of the rival party with the ex- 
ception of one or two names. Or, slips of gummed 
paper (called "pasters") with the name of one candi- 
date, could be fastened upon the ballots. In these and 
similar ways ignorant and careless voters were often 
The Austra- deceived. Hence we now have the official ballot, printed 
system. by the government, on which the names of all the can- 
didates must appear. Another essential feature of the 
Australian ballot system is secrecy. This has effectually 
checked bribery at the polls, for the buyer of votes can 
no longer be certain how any voter casts his ballot. 
The ballots must be obtained from election officials 
within the election booth ; screened shelves are pro- 
vided to which the voter must immediately take his 
ballot and mark it. He must then fold and cast the 
ballot without communication with any but election 
officials. " Electioneering " is prohibited within or 
near a booth. 

Two forms of the official ballot are used, as illustrated below. 
1. The original Australian ballot form. 

For Governor. Party. 

A. B Democratic. 

CD Prohibition. 

E. F Eepublican. 



Elections and Pa7'ty Government 

For Lieutenant-Governor. Party. 

G. H Prohibition. 

I. J Eepublican. 

K. L Democratic. 

For Assemblyman. 

M. N Republican. 

O. P Democratic. 

Q. E , Prohibition. 



51 



2. The modified American form. 



State Officers. 


Democratic. 


Prohibition. 


Eepublican. 


Governor 

Lieutenant - Gov- 
ernor 


A. B. 
I. J. 
0. P. 


C. D. 
K. L. 
Q. R. 


E. F. 

M. N. 


Member of As- 
sembly 


S. T. 



Individual 
Nominations. 



More intelligence and care are reqiiired in the use of the first 
form ; the second form favors the voting of straight tickets. 



The success of any ballot system in preventing frauds 
and encouraging independent voting depends as much 
upon the integrity of election officials as upon the elec- 
tion machinery provided by law. It is customary to 
have the inspectors and clerks of election selected from 
the two leading parties. Challengers are allowed to 
question the right of any man to vote. 

After the polls are closed, the counting of votes, or 
official canvass, takes place. Eeturns from the election 
precincts are sent to the city, county, and district can- 
vassing boards to be tabvilated. The results are then 
sent to the State canvassing board. Each board has 
authority to decide which candidates are elected within 
its jurisdiction. Certificates of election are issued to 



The 
canvass. 



52 



Elections and Party Government 



The 
nomination 

system. 



Party 
committees. 



The caucus 
or primary. 



successful candidates, and thus the process of election 
is completed. 

An election is a means by which the popular will is 
expressed. The execution of the judgment thus made 
known by the voters is intrusted to the successful can- 
didates for office. But the election is only the final 
step by which men reach office ; first comes the selection 
of candidates by the political parties. The process of 
making nominations is no less important than the elec- 
tion itself. 

Party nominations are generally brought about by a 
system of caucuses and conventions. The management of 
these meetings, and of party interests in general, is in 
the hands of a series of committees elected for the vari- 
ous governmental divisions. Each party has a local 
committee in every town, village, and ward. There are 
also, for each party, city committees for the manage- 
ment of party machinery in cities ; county commit- 
tees ; a State committee, which controls campaigns and 
determines party policy in the State ; and, finally, a Na- 
tional committee for the management of each National 
party organization. Besides these, there may be com- 
mittees for each State Senate and Assembly district, 
and for each Congressional district. All except the 
local committees are appointed in the party conven- 
tions.* 

A caucus, or primary, is a meeting at which all the 
voters of a party in a town, village, or ward may assemble. 
Before the election of town, village, and ward officers, 
caucuses will nominate candidates directly. For all but 
these local elections {i.e., for the nomination of county. 
State, and National officers) a second step is necessary ; 
the caucuses choose delegates to conventions where these 

* This account represents the party organizations as complete ; they 
are not so in many parts of the country. 



Elections and Party Government 53 

nominations are made. Thus, before a general election, 
we have county conventions for the nomination of county Political 
officers ; various district conventions, where candidates taons. 
are nominated to run for the State legislature and for 
the National House of Representatives ; State conven- 
tions, composed of delegates chosen at county or dis- 
trict conventions ; and, finally, in years of presidential 
elections, there are still other series of caucuses and 
conventions, culminating in the great National conven- 
tions, where presidential nominees are selected.* It is 
now evident that party conventions are representative 
bodies ; that they select party committees and candi- 
dates for office, who in turn are supposed to carry out 
the wishes of the conventions. It is customary, also, 
for State and National conventions to formulate plat- 
forms ; these contain statements of party doctrine and 
pledges concerning party policies. The exact method 
of conducting all this party machinery is not prescribed 
by law, but has become established through custom. 

Let us now examine our nominating system more 
closely, with a view to discovering its significance. Sev- 
eral features are noticeable : (1) the thorough organiza- 
tion of the party machinery ; (2) its complexity ; (3) its The man- 
representative character. The only place where every pSiiticai 
member of a party may act is in the caucus. Elsewhere, ^^"^ '^^^' 
committees and delegates represent individuals. Be- 
cause of these characteristics, much time, labor, and 
skill are necessary on the part of those who direct suc- 
cessfully the various operations leading up to n-omina- 
tions. Citizens who are fully occupied with private 
affairs are, therefore, loath to enter the political field 
with a view to exerting influence and becoming leaders 
in these matters. As a result, the greatest part of this 
work of political organization and management must 
* See p. 252 flF. 



64 Elections and Party Government 

be performed by candidates for office and government 
officials. Generally speaking, these are tbe men who 
make political life an occupation, either temporarily or 
permanently. They constitute, it is needless to say, a 
small minority of the total number of voters. Yet, be- 
cause of the complex organization and representative 
nature of our political party machinery, the few who 
engage in its management frequently control it com- 
pletely, while the mass of voters accept the results of 
their labors and vote at elections for party candidates 
in the selection of whom they have taken little or no 
part. Furthermore, a few party managers may even 
bring about the nomination of candidates who are dis- 
tasteful to the majority of voters in a party, so that at 
the election the latter must decide between two candi- 
dates for office, neither of whom meets their approval. 
Let us see how this is possible. 
Actual Usually much less than one-half, and in many places 

erament. less than one-tenth of the voters attend the primaries. 
This is accounted for by the indifference of some, the 
ignorance of others, and the inability of still others to 
understand our complex nominating system. Even if 
a majority of the voters attend a caucus, the smaller 
part of these, if they are well organized under a leader, 
will out-vote the rest, whose votes are scattered among 
a number of rivals. By skilful tactics, then, one who 
aspires to a nomination may secure a majority of the 
delegates to the convention, even though he is not the 
choice of his party. In conventions, too, the conditions 
are favorable for the exercise of influence by party 
leaders. If few voters have attended the caucuses, or if 
the delegates have not been instructed how to act, it is 
hardly to be expected that the will of those who are 
silent or indifferent should be discovered and obeyed 
rather than the wishes of those who take much pains to 



Elections and Party Government 55 

bring about the results that they desire. In the case of 
conventions that elect delegates to still other conven- 
tions, it is evident that the voters, who should constitute 
the real source of political power, are still less likely to 
express their will or to be accurately represented. We 
now see how, because of the amount and complexity of 
its machinery, a party may come under the control of a 
comparatively few men whose methods may or may not 
receive the approval of a majority of the voters of that 
party. These leaders gather about them subordinates 
in various localities, and these in turn have their ad- 
herents who can be depended upon to work for the 
success of their chiefs. A thoroughly organized body 
of political workers who dominate a party in this way 
is called a "machine." Its ojDerations are generally 
directed by a "ring" or a "boss." 

Now the motives that inspire the machine and the 
methods it employs may be either good or bad. Organ- 
ization, leadership, and machinery are always necessary 
to secure harmonious action in bodies of men. But the Machine 
opportunities for corruption in our party system are 
many ; so that the politicians who wiU make freest use 
of corrupt means to gain their ends are very apt to suc- 
ceed, when those who are less unscrupulous will fail. 
Consequently, the phrase "machine politics" is gen- 
erally understood as referring to political methods that 
have little to recommend them, if they are not thor- 
oughly bad. 

The machine may get control of caucuses by making 
lists of the voters qualified to take part in them, exclud- 
ing, on some pretext, all who oppose its own plans; or, " wire- 
by the distribution of favors, " treats," and the promises 
of "jobs," the machine gathers adherents sufficient in 
number to outvote the citizens who are not so thor- 
oughly organized. In conventions, promises of appoint- 



politics. 



pulling." 



56 Elections and Party Oovernment 

ments to office in exchange for votes ; combinations of 
politicians to help each other regardless of merit or 
public interests ; even the direct use of money in buy- 
ing votes — these are methods not infrequently used to 
secure the control of nominations. 

How to cure the evils we have described is one of the 
greatest political problems of the day. Some progress 
Reform of has been made toward reform by the enactment of 
politics. primary reform laws. By these laws the entire process 
of conducting caucuses is put under the control of the 
local government, just as elections are. The secret 
ballot is required. Regularity and publicity of pro- 
ceedings are thus secured, and the control of caucuses 
by a few men is made more difficult. As another 
measure of reform, the direct nomination plan has been 
proposed.* Under it all nominating conventions are 
abolished. Names of candidates (as for the office of 
governor, congressman, or sheriff) are proposed by peti- 
tions signed by voters. On primary election day each 
voter casts his ballot directly for the man whom he 
wishes to see the candidate of his party. The person 
receiving the largest number of votes is declared the 
nominee of his x^ai'ty. This method is a part of the 
original Australian election system. 

The corrupt expenditure of money in political cam- 
paigns has been met in many States, more or less suc- 
cessfully, by corrupt practices acts. Heavy penalties 
are provided for such offences, and candidates are re- 
quired to make sworn statements of all their campaign 
expenditures. 

Party action is a vital part of our government. The 

* Direct nominations are the rule in several Southern States where 
there is practically but one political party ; in some New England 
cities ; in certain counties of Pennsylvania, Iowa, and Indiana ; and this 
has recently (1901) become the legal system of Miimesota. 



Elections and Party Government 57 

citizen may, if he will, participate in the conduct of The citi- 
govemment more frequently and more effectively 
through his party than in any other way. For j)ar- 
ties not only select candidates and formulate policies ; 
they conduct educational work in campaigns, they 
detect frauds committed by their opponents, deter- 
mine appointments to positions in government service, 
and control the action of legislators and executive 
officials. Good government depends in no small 
measure upon the j)i'oper exercise of these functions. 
The duty of voting at elections is, therefore, a small 
part of the citizen's whole duty. "When a party falls 
into the control of a few unscrupulous men, not only 
they, but also the respectable citizens who refuse to par- 
ticipate in party activities, should be held responsible. 

This does not mean that the citizen shordd follow his independ- 
party when he thinks it wrong, or when he cannot con- inpoUtics. 
scientiously vote for its candidates. He can sometimes 
best serve his party by turning against it, for the 
fear of such independent action vnll sometimes restrain 
party leaders when nothing else will. In this way many 
reforms have been brought about, for naturally enough, 
party leaders are loath to reform abuses that tend to 
perpetuate their power. 



SUPPIiBMENTART QUESTIONS ASJ) EEFERENCBS. 

1. In your State — 

What are the times fixed for elections ? 

The qualifications of voters ? 

The legal regulations governing registration — the 

ballot — provisions for secrecy — election oflBlcers — the 

official canvass ? 

2. For the history of the Australian ballot system see 
Johnson's Encyclopedia, Ballot Reform ; Bliss, Encyclo- 
pedia of Social Reform. 



58 Elections and Party Government 

3. Why are women given the right to vote in school, 
municipal, or financial matters only, in some States ? 

4. Should women be given the full right of suffrage? 
Century Mag., 48 : 469-470 ; 605-613 ; 613-623 ; Outlook, 
56 : 405-408 ; 57 : 789, 964 ; 64 : 697-698. 

5. Do you believe in a property qualification for voters ? 
An educational qualifi.cation ? 

6. Should aliens who have declared their intention to 
become citizens be given the franchise ? 

7. The laws of a number of States permit the use of 
voting machines. See Forum, 28 : 90-93. 

8. Follow in detail the steps leading to a general election 
in your State : 

(1) Notices of election — when and by whom issued. 

(2) Action of party committees. 

(3) Method of nomination of county and State oflacers 
and Representatives in Congress. 

(4) Party platforms. 

(5) Conduct of the campaign — raising and expendi- 
ture of money — distribution of literature — political 
speeches, etc. 

9. How many caucuses and conventions were held in 
your election district during the last general election year ? 
How many candidates were nominated ? 

10. Why are the terms "politician" and "machine" 
so frequently used in a bad sense ? 

11. A very full discussion of our party system is that 
found in Bryce, Vol. II, chapters 53-75. See also Bliss, 
Encyclopedia of Social Reform ; The Business Man in 
Politics, N. Am. Rev., 151 : 576-581; Greenhalge, Prac- 
tical Politics, N. Am. Rev., 162 : 154-159 ; Money in Poli- 
tics and Elections, Century Mag., 44 : 940-952 ; 952-953 ; 
On Voting Straight, Century Mag., 55 : 475-476 ; The 
Boss System, Forum, 23 : 396-408; Harper's Mag., 97: 
182-190. 

12. Primary reform. Remsen, Primary Elections ; Out- 
look, 56 : 9-11 ; 57 : 950-952 ; 58 : 176-177, etc. ; Nation, 
65 : 431-432 ; 66 : 161-162; Atlantic Mo., 79 : 450-467; 
Arena, 17 : 1013-1023 ; 19 : 729-739 ; Rev. of R's, 16 : 



Elections and Party Government 59 

322-334 ; 17 : 472-474 ; 583-589 ; Forum, 25 : 99-108 ; jST. 
Am. Rev., 164 : 92-105 ; The Minnesota Experiment, Out- 
look, 62 : 150-151. 

13. Comparisons of English and American party sys- 
tems. N. Am. Rev., 156 : 105-118; Harper's Mag., 101: 
329-341. 

14. The duties of citizenship. Godkin, Duty of Edu- 
cated Men in a Democracy, Fomm, 17 : 39-51 ; Roosevelt, 
What Americanism Means, Forum, 17 ; 196-206 ; The 
Manly Virtues and Practical Polities, Forum, 17: 551-557 ; 
True American Ideals, Forum, 18 : 743-750 ; Civic Duty, 
Nation, 57 : 4-5. 



CHAPTER VI 



PUBLIC FINANCES 



The 

necessity 
for taxa- 
tion. 



Valuation 
of property. 



No operations of government, even the most funda- 
mental and necessary, can be carried on without the ex- 
penditure of money. To meet this expenditure, those 
who are benefited by the protection and security that 
government affords must be taxed. Moreover, as gov- 
ernmental functions are extended to include the fur- 
nishing of conveniences and the maintenance of insti- 
tutions that instruct and elevate the people, increased 
outlays of money become necessary, and, consequently, 
more extensive taxation. The importance of this sub- 
ject is apparent, for great possibilities for both good and 
evil reside in systems of taxation and methods of ex- 
pending public money. 

Many different forms of taxation are employed, but 
the tax on property is found in every State of the Union. 
As the first step in determining what amount of taxes a 
property-owner shall pay, a valuation is placed upon his 
proj)erty by local or county officers called assessors. The 
assessment roll contains the name of each tax-payer, with 
a list of his property and its value. State laws iTSually 
require that this be full cash, or actual, value; but under- 
valuation is the rule rather than the exception. Since 
the amount of an individual's taxes depends upon the 
assessed value of his property, it is natural that prop- 
erty-owners should frequently think that their assess- 
ments are too high. They are accordingly allowed to 
appeal to a local board, which has the power to review 

60 



Public Finances 61 

and coiTect assessment rolls by lowering or raising 
valuations. The board may also add to the list of prop- 
erty recorded on the roll, and may strike out property 
that is illegally assessed. 

Now, just as there is difficulty in fixing satisfactorily 
the valuation of each individual's property, so a similar 
difficulty is experienced in adjusting valuations among 
the villages, towns, and cities. For the county and State Equaiiza- 
taxes that each local unit must pay depend upon its total vaiuatione, 
valuation. Each assessor is tempted to keep valuations 
low in order that his local unit may not be heavily taxed. 
To remedy this difficulty, a county board of equalization 
is provided, which has the power to raise and lower 
valuations, as shown in the assessment rolls. In some 
States this board may change individual valuations ; in 
others simply the total valuation of each local unit. 
Again, we have a like difficulty in the next step of the 
process. The amount of taxes which the property-o^vn- 
ers of a county will be called upon to raise for State pur- 
poses will depend upon the valuation of the property in 
the county. Consequently county authorities are apt 
to think it incumbent upon them to see that their valua- 
tions are low, so that their tax will be low. To correct 
this tendency toward undeiwaluation, State boards of 
equalization have been established in many States, with 
power to review the county assessments and to place 
them on a basis of relative equality. 

So far we have been considering the method of fixing 
the value of property for taxing purposes. The actual 
amount of tax to be paid into the public treasury is de- 
tel'mined in the following jnauner : At each meeting of Determina- 
the State legislature appropriations for various State the rate, 
purposes are made. From this, the amount of money 
to be raised, or the rate of taxation to be levied, may be 
easily calculated. The total amount to be raised is ap- 



62 



Public Finances 



Collection 
of taxes. 



Exemi)- 
tions. 



Undervalu- 
ation. 



portioned among the counties in proportion to their 
valuations. In eacli county the authorities add to their 
quota of the State taxes the amount to be raised for 
county purposes and apportion the total among the 
local units. Each local legislative board determines the 
local tax levy for the ensuing year, and to this is added 
the tax that must be raised for county and State pur- 
poses. The rate of taxation may then be computed by 
dividing the total amount to be raised in a collection dis- 
trict by the total valuation of property in that district. 

The property-owner pays taxes but once each year, 
and he seldom knows what share of his payment goes 
toward the support of each government that taxes him. 
The total amount collected is paid into the hands of the 
county treasurer, either directly by the tax-payers or by 
the local collectors. After the amounts levied for local 
and county purposes have been kept out, the county 
treasurer sends the balance to the State treasurer, and 
thus the process is completed. The failure to pay taxes 
renders property delinquent. It may then be seized and 
sold. After taking the amount due for taxes and ex- 
penses, the remainder, if any, is returned to the original 
owner. 

Some descriptions of property are quite uniformly 
exempted from taxation ; such are, all pi-operty belong- 
ing to Federal, State, or local governments, and the prop- 
erty of educational, religious, scientific, and benevolent 
associations. In some States, also, a certain amount of 
the personal property, such as the household furniture, 
of each property-owner is exempt from taxation. 

From the foregoing account of the jjrocesses of valua- 
tion and equalization, it is evident that the working of 
our general property-tax system is far fi'om perfect. 
The practice of undervaluing property in the assessment 
rolls is almost universal and is productive of great in- 



Public Finances 63 

justice. In any single locality tlie uniform undervalua- 
tion of property works no injury, so far as the raising 
of local taxes is concerned ; this simply raises the rate. 
In many communities there is a uniform and well un- 
derstood ratio between the real and the assessed value. 
But when the degree of undervaluation differs materi- 
ally in the communities of the same county or in the 
counties of a State, inequality of taxation is the result. 
County and State boards of equalization are not, as a 
rule, successful in correcting the evils occasioned in this 
way. 

The following statistics are illustrative of conditions that exist 
throughout the country. In Minnesota, farms that sold for less 
than f 1,000 were assessed at 50 or 60 per cent, of actual selling 
prices ; while farms worth between §3,000 and $5,000 were assessed 
at 36 per cent, of their selling prices. Of thirty Chicago resi- 
dences, ranging in value from $20,000 to $1,300,000, the highest 
assessment was 12.23 per cent, of true value. The average was 
7.78 per cent. The residence of highest value was assessed at 5.54 
per cent, of true value. In New York State, 107 estates recorded 
on court records as worth $215,000,000 (not including the value 
of non-taxable securities) were valued on assessment rolls at 
$3,500,000. 

Another evil, even greater than the one just stated, 
results from the fact that personal property quite gen- Eeai estate 
erally escapes taxation. Property is divided into two personal 
classes : real estate, which includes land and the fixtui-es 
thereon, as buildings and improvements ; and personal, 
which includes all other property. Under the head per- 
sonal property are placed furniture, clothing, jewelry, 
merchandise, farm products, live-stock, machinery, books 
and pictures, money, stocks, bonds, mortgages, notes, 
and credits. Now it is apparent that many of these 
things have values that an assessor cannot easily ascer- 
tain by inspection ; other articles mentioned in the list 
are easily concealed. As a consequence, the appearance 



property. 



64 



Public Finances 



of personal property on the assessment rolls, and its 
assessment at values that are anywhere near actual 
value, depend upon the honesty of property-owners. In 
most States, assessors may, and in some States they 
must, take a sworn statement from each property-owner 
as to the actual value of his property ; but this does not 
effectively correct the evil. Those who make honest re- 
turns are apt to be of the poorer class, besides those who 
have legal control of property belonging to orphans, 
widows, and dependent persons, for the value of these 
estates is a matter of probate court record. At this 
point, then, the general property tax is the source of 
gross injustice and fraud. 

Two propositions are agreed upon by competent authorities. 1. 
The value of personal property has immensely increased within re- 
cent years. 2. The personal property is in most States equal in 
value to the real estate. Yet the assessed value of personal prop- 
erty decreased in Ohio between 1883 and 1885 ; in Illinois between 
1873 and 1893 ; in New York between 1875 and 1885 ; and in the 
United States as a whole between 1860 and 1880. In New York 
the assessed value of personal property was, within recent years, 12 
per cent, that of real estate ; in New Jersey, 17 per cent. ; in Illinois, 
17 per cent. ; in Indiana, 26 per cent. ; in Massachusetts, 22 per 
cent. ; and in Pennsylvania, 20 per cent. According to the census 
of 1890, real estate, throughout the country, was assessed at one- 
half, and personal property at one-fourth, actual value. 

Even an honest attempt to administer the general 
Problems of pi'operty tax will involve many vexatious problems. If 
real estate is taxed, should a mortgage on it be taxed 
also? Should the debts of a tax -payer be deducted 
from his credits, if the latter are taxed? If the prop- 
erty of a corporation is taxed, should the stock-holders 
be taxed on their respective holdings of stock ? Simi- 
larly, troublesome questions arise concerning the place 
where property shall be assessed. Too often, unscien- 
tific methods, in these and other matters, result in 



Personal 
property 
escapes 
taxation. 



taxation. 



Pvblic Finances 65 

double taxation — the imposition of a tax on the same 
property t^ce. 

In spite of the serious defects of the property tax, no 
single, practical substitute has been discovered and put 
into operation. Public interest has been aroused upon 
this subject, however, and methods of taxation in- 
tended to con'ect the inequalities of the property tax 
have been adopted in many States. There is a growing 
practice of using special methods for the taxation of 
corporations. In a few States, a general corporation tax corpora- 
is imposed which is a fixed rate on the capital stock, or 
the earnings, of all corporations doing business in those 
States. Again, the i-ules of taxation applied to different 
classes of corporations may vary in the same State. The 
taxation of railroad property by local authorities has 
been quite generally abandoned, on account of the 
inequalities of assessment under this plan. In some 
States a special board values all railroad property in 
the State ; in others this property is not taxed, but 
instead a tax is laid on the gross earnings, mileage, or 
capital stock of these corporations. Telegraph, tele- 
phone, express, and insurance companies are also sub- 
ject to special taxes based on gross receipts, mileage of 
wires, etc. Franchise taxes are becoming increasingly Franchise 
common in the States. Individuals and coi'porations 
operating water, lighting, and street-car plants are con- 
sidered as possessing valuable property ia the right, 
vested in them by their franchises, of using the streets. 
This privilege, it is said, as well as their tangible prop- 
erty, is a source of their income, and so should be 
taxed. 

The feeling that under the general property tax the 
very wealthy escape their fair share of the burden has 
led to the enactment of inheritance and income taxes. 
The former is the more common, the rates being 



66 



Puhlic Finances 



Inheritance 
and income 
taxes. 



Poll-tax. 



Licenses. 



Fees. 



Charges. 



higher on collateral bequests, i.e., those descending to 
others than the immediate family of the deceased. This 
tax is easily collected, since probate court records con- 
tain the amounts bequeathed. Income taxes are not so 
easily collected, since the same difficulties are encoun- 
tered in the assessment of incomes as in that of personal 
property. A few States,* however, levy this tax. There 
is always an exemption of a minimum amount of in- 
come. In both inheritance and income taxes, it is cus- 
tomary to make the rates progressive ; the larger the 
amount taxed, the higher the rate of taxation. 

We must now consider numerous other forms of tax- 
ation and sources of revenue. The poll-tax, a fixed sum 
payable by male persons between certain ages, is col- 
lected in some States, though prohibited in others. 
Another means of obtaining revenue is through the 
sale of licenses. In addition to the liquor dealer's license, 
which is most common, auctioneers, showmen, pedlers, 
hackmen, and draymen are licensed. Besides the rev- 
enue gained, the governments find the license system 
advantageous as a means of controlling these occupa- 
tions, f Government revenue is also derived by the 
exaction of fees for the performance of official services. 
These fees are frequently a perquisite of the officer per- 
forming the services ; but many times it is found more 
economical to pay the officer a salary and tui-n the fees 
into the public treasury. 

When a government owns property that is used by 
individuals or corporations, a charge is made that be- 
comes a part of public revenue. Under this head come 
the tolls collected for the use of roads, bridges, and 
docks ; the income derived from the rent of land and 
water privileges ; and the charges made for water, for 
lights, and for street-car transportation when the plants 

* Virginia and Massachusetts. t See Police Powers, pp. 101-103. 



Public Finances 



67 



furnishing these conveniences are owned by municipali- 
ties. In cities, we find the practice of levying special 
assessments upon property that has been enhanced in 
value by virtue of some public improvement, as, the 
pavement of a street. This tax may be made to cover 
the greater part of the expense involved in making 
the improvement. 

The honest and economical expenditure of public 
money is a matter of no less impoiiance, and of no less 
difficulty, than equitable taxation. The power to make 
approi^riations is almost exclusively exercised by legis- 
lative bodies : town meetings and boards, village and 
county boards, city councils, and State legislatures. Fre- 
quently the actual expenditure of money is made by 
committees of these bodies. Other-svise it is in the 
hands of executive and administrative officers. A good 
system of public accounts requires that these officers 
shall be directly responsible to the local governing board 
or to a special officer called comptroller or auditor. The 
accounts of evei-y officer who handles public funds should 
be audited ; the sources of each part of the money re- 
ceived by him should be correctly acknowledged. He 
should present vouchers, or receipts, for every amount 
expended, and each expenditure should be properly au- 
thorized by law. 

In rural communities and in small cities the appro- 
priation and expenditure of money is conducted vdth 
due regard to economy and honest administration ; 
public affaii's are not too extensive nor complex to be 
comprehended and watched by the tax -payers. Popular 
election, also, serves as a check on official misconduct. 
But great abuses are frequently present in the financial 
administration of large cities and in many State govern- 
ments. Under the influence of a corrupt lobby, a city 
council or a legislature sometimes makes extravagant 



Special as- 
sessments. 



Appropria- 
tion and 
expenditure 
of money. 



Anditing 
accounts. 



Corrupt 
finances. 



debts. 



68 Public Finances 

appropriations that further merely local or private in- 
terests. Legislators have been known to receive com- 
pensation from contractors in whose favor large appro- 
priations were made. These abuses have brought about 
the enactment of constitutional restraints upon the 
character and amounts of appropriations that may be 
Public made. Like restraints are found in the debt limitations 

fixed by many State constitutions. Local governments 
are often required to submit to the voters propositions 
to create local debts. In spite of these restrictions, the 
amount of local and State indebtedness is larger than 
the debt of the National government, municipal indebt- 
edness having increased at a very rapid rate within 
recent years. 

Supplementary Questions and References. 

1. Study the system of taxation in your State, making 
comparisons with the methods described in this chapter. 

2. What is the present rate of taxation in your locality ? 
What parts of this rate provide for local, county, State, and 
school taxes respectively ? To what extent is there under- 
valuation ? Do the boards of equalization correct varia- 
tions in valuations ? Does personal property bear its share 
of taxation ? What remedies do you suggest for abuses 
that exist in tliese matters ? What is fundamentally wrong ? 

3. How would you answer the questions stated on page 
64? See Ely, Taxation in American States and Cities; 
Seligman, Essays on Taxation ; Encyclopedia Articles ; 
Plehn, Introduction to Public Finance. 

4. For general descriptions of State taxation see Bryee, 
I, chapter 43 ; Encyclopedia of Social Reform. 

5. Is a tax on the gross earnings of a corporation equal 
to one of the same rate on its property ? Outlook, 
68 : 3. 

6. How do you justify the progressive rates levied in 
inheritance and income taxes ? Are special assessments a 
just means of taxation ? Is the poll-tax just ? 



Pvhlic Finances 69 

7. Examine the financial reports of your local, county, 
and State officers to ascertain the sources of revenue and 
the purposes of expenditure. In each case, what is the 
process of auditing accounts ? 

8. Should church property be exempted from taxation ? 
Forum, 17 : 372-379 ; 434-412. 

9. Should the State enact an inheritance-tax law ? 
Forum, 23 : 257-270 ; jS". Am. Rev., 164 : 634-636. 

10. Should the State enact an iucome-tax law ? Arena, 
3 : 525-540. 

(See also references to Federal income tax, p. 252 ff.) 

11. Taxation of Personal Property, Is'ation, 66 : 220-221 ; 
Outlook, 52 : 397-398 ; Taxation of Franchises, N. Am. 
Rev., 168 : 730-738 ; Taxation of Corporations, Nation, 
68 : 370 ; Taxation of Mortgages, Outlook, 64 : 243-244. 



CHAPTEE VII 



JUDICIAL TEIALS 



Civi] cases. 



Criminal 

cases. 



Thus far in our study of government we have had in 
mind chiefly the processes by which laws are enacted, 
and executed or administered. If all men could agree 
upon the exact meaning of these laws, and if all were 
disposed to obey them, little more government than has 
been described would be needed. Because neither of 
these suppositious is true, another distinct department 
of government — the judiciary — becomes necessary. 

Cases arise through differences in the interpretation 
of law and through its violation. There are two kinds 
of cases, civil and criminal. When one party to a suit 
(the plaintiff) brings action against the other (the de- 
fendant) for the protection or enforcement of a private 
right, we have a civil case. Some common examples 
of civil cases are those involving questions of the 
fulfilment of contracts ; the relations of employer 
and employee ; the possession of property ; the col- 
lection of debts ; and the validity of deeds and mort- 
gages. 

In a criminal case it is charged that a wrong has been 
committed, in most instances against an individual, but 
of such a nature that the public peace, dignity, and 
security are also affected. These criminal acts are 
defined by law, and penalties have been affixed to their 
commission. At the same time the injured person is 
generally entitled to compensation, or damages, for 
the wrong he has received. Because public interests 

70 



Judicial Trials 71 

suffer from the commission of crime, the State is plaintiff 
in all criminal cases. 

The methods of procedure in ordinary cases are very 
similar throughout all the States. In a criminal case, 
formal complaint must first be made before a justice of 
the peace or other judicial ofl&cer. A -warrant for the 
arrest of the supposed criminal will then be issued. The Arrest 
arrest may precede these steps if the criminal is caught 
in the act. If the crime charged is a minor offence, the 
trial may take place at once in the justice or munici- 
pal court. A more serious offence, however, must be 
tried in a higher court — the district, circuit, or supe- 
rior court of the county. 

The constitutions of most States provide that no per- 
son shall be held to answer for a criminal offence of a 
serious nature unless on presentment or indictment of 
a grand jury. In those States, the justice court merely The grand 
examines into the evidence sufficiently to ascertain 
whether the accused shall be held until the next session 
of the grand juiy. This is composed of citizens chosen 
by lot from the county. Its sessions occur at stated 
times and are secret. The district attorney presents to 
it evidence against persons supposed to have committed 
criminal acts, and witnesses are brought before it, who 
are required to give evidence. If there is probability 
of guilt in any instance, the person charged is indicted ; indictment 
that is, he is held for trial. He may be imprisoned, or 
released on bail. A bail-bond is signed by sirreties, BaU. 
who agree to forfeit a certain sum of money if the pris- 
oner does not appear at the trial. The arrest and exam- 
ination of accused persons by a local justice need not 
precede the action of the grand jury. The district attor- 
ney often produces evidence against persons who as yet 
stand unaccused ; if the grand jury indicts them, they 
are at once arrested. The grand jury need not await 



72 



Judicial Trials 



Petit and 
trial juries, 



the action of the attorney, but may proceed to investi- 
Present- gate Supposed cases of wrong-doing. If it concludes 
that certain persons should be brought to trial for 
offences, they are presented. 

In some States the grand jury has been dispensed with, for ordi- 
nary cases, and all proceedings preliminary to the trial are conducted 
in a justice court, or other court inferior to the one having jurisdic- 
tion to try the case. These proceedings are called the preliminary 
examination. The lower court is given authority to decide, after 
hearing the evidence presented, whether the accused shall be held 
for trial. In extraordinary cases, however, provision is made for 
calling a grand jury. 

For the trial of cases in the principal court of a 
county a petit jury is provided. The juries are sum- 
moned by venire and are obliged to be in attendance at 
the court during its session. When a case requiring a 
jury is called, a trial jury is selected by lot from the 
list of petit jurors. As the names of these are drawn, 
any juror may be challenged by either party to the case. 
He will be excused by the judge from serving on the 
trial jury if good reasons are shown. Each side is 
allowed to reject a certain number of jurors without 
giving reasons ; that is, by peremptory challenges. The 
drawing of names must continue until twelve are se- 
cured who are eligible to serve in the trial of this case. 

In the meantime, witnesses have been subpoenaed, 
and the case begins by the direct examination of its 
witnesses by the prosecution. They are cross-examined 
by the defendant's attorney, and the testimony of the 
defendant's witnesses follows. Then come the argu- 
ments of the lawyers. The judge charges the jury as 
to the law that applies in the case and it then retires 
from the court to decide what facts have been proved 
Verdict and by the evidence. The verdict of the jury is followed by 
the judgment rendered by the court. If found guilty, 



The process 
ot trial. 



judgment. 



Judicial Trials 73 

sentence is pronounced against the prisoner, though 
the judge may, if the verdict grossly violates law or 
justice, set it aside. Execution of judgment is the 
carrying out of the court's decision by the sheriff or 
other executive officer. 

Throughout these proceedings the presumption fa- 
vors the innocence of the prisoner ; the State must 
prove, beyond a reasonable doubt, that he is guilty. 
The judge decides legal questions that may arise con- 
cerning the conduct of the trial. Either party may make 
objections to these rulings, and the defeated party may 
make its exceptions to the coui't's decisions the basis 
for a demand for a new trial, or for an appeal to a Appeals, 
higher court on writ of error. The supreme court, or 
court of appeal, examines the questions of law that are 
involved, and either confirms or reverses the decision of 
the lower court. 

A civil case is begun by complaint of the plaintiff 
against the defendant. A summons is issued, calling 
the defendant to appear in court and make answer to 
the complaint. Cases involving small sums of money Trial of 
are tried in justice courts, and here the trial is some- *^^^ '^^^^' 
times without a juiy, or with a jury of only six men. 
Cases involving larger amounts are tried in the princi- 
pal court of the county, where the procedure is quite 
similar to that described in a crimiaal case. In the 
execution of a judgment against the property of a 
person, the constable or sheriff has power to seize 
and sell all property that is not exempt. 

It is sometimes claimed by one party to a case that the 
community where the case arises, or the judge before 
whom it is to be tried, is prejudiced to a degree that ren- 
ders an impartial trial impossible. A change of venue may change of 
then be granted ; the case is carried to another court, ^®^°^" 
or another judge is called in to preside at the trial. 



74 Judicial Trials 

Many problems have arisen, in connection with the 
administration of justice, that demand the serious at- 
tention of citizens. Some of these we shall consider. 
The en- (1) When the violation of law is a matter of common 

forcement , , ^ . -in • t i 

of law. knowledge m a community, and no one is accused and 

held to answer, who is responsible? The basis of a 
warrant of arrest is a complaint, containing a specific 
accusation, and accompanied by the statement of the 
complainant, under oath, that in his opinion the ac- 
cused is guilty. Now it is the sworn duty of officers to 
obtain the information upon which a complaint may be 
based, whenever they know or have reason to suspect 
that the law has been violated. If they persistently 
neglect this duty, the sentiment of the community 
should compel its performance. But at times the 
public conscience becomes so blunted that officers ac- 
cept or even extort payments from law-breakers for 
shielding them from punishment. Not officers alone, 
but any citizen may make a complaint. But private 
citizens, particularly those who are most anxious to see 
the strict enforcement of law, find it difficult to discover 
sufficient evidence upon which to make a sworn state- 
ment. Besides, the prosecution of criminals by persons 
who do not directly suffer injury from the criminal 
acts, is hkely to cause criticism which is distasteful 
and hard to bear. It is much easier for the average 
citizen to let such matters alone, and attend to his own 
private business. In the meantime, public funds may 
be stolen, or the health of the community threatened, 
or its youth put in danger of moral corruption — all for 
lack of a complaint, specific in its accusations, and sup- 
ported by definite evidence. These reasons most fre- 
quently answer the question, "Why is not the law 
enforced ? " At the bottom, it is a question of public 
conscieijce. In communities where a low moral stand- 



Jvdicial Trials 75 

ard prevails, a few determined leaders, willing to sacri- 
fice time, labor, and comfort for the public good, have 
sometimes aroused the entire public to action. No ser- 
vice to the community could be more commendable 
than this. 

(2) Other causes for discontent with our judicial 
system arise in connection with court procedure. There 
is sometimes the delay of justice through the postpone- 
ment of cases for trivial reasons ; through the exaction 
of excessive legal charges and court fees ; and, finally, 
through the too frequent decision of cases on grounds other 
that are purely technical, and that seem to most citizens ^^^^^' 
wholly inadequate. The wi'ong in some of these cases 

may be traced to the evil practices of attorneys ; in 
others, to corruption of the bench ; it seems, too, that 
in some respects legal systems are unnecessarily com- 
plicated. These abuses are veiy exceptional in most 
parts of the United States, but in large cities and in 
some of the more populous States they constitute a seri- 
ous menace to good government. 

(3) Numerous evils have crept into the administra- 
tion of the jury system. The local officers who make the 
original lists from which petit jurors are drawn, are The jury 
sometimes influenced in the selection of names by 
political and other illegitimate considerations. In this 

way a jury may be "packed" in favor of one of the 
parties to the suit. The old method of making juiy lists 
has been superseded in some States by the appointment 
of jtuy commissions composed of prominent citizens of 
the county, who make the lists under supervision of the 
court. Again, many citizens who are most competent 
to serve on juries, shirk the duty, giving trivial excuses 
or paying fines to escape performing the service. When 
a panel of petit jurors is exhausted, talesmen are sum- 
moned from the by-standers — a practice which is apt to 



76 Judicial Trials 

admit men who are wholly unfit for jury duty. Cases of 
direct jury bribery are, unfortunately, too common, es- 
pecially in large cities. They are also very difficult to 
detect. Public opinion should be extremely intolerant 
of this crime. 

It is almost a universal custom to require unanimity 
in the decision of juries ; * thus one man may cause a case 
to fail of decision. While this is generally considered 
a wise provision in criminal cases, it many times results 
in the defeat of justice. 

It will be noticed that many of the evils mentioned in 
connection with the jury system are accounted for by 
bad administration of its details. The central idea of 
the system — the participation of citizens in the legal 
process of determining justice — is of very ancient origin. 
It was brought from England by the colonists, embodied 
in their legal codes, and inherited by both State and 
National governments. The publicity which trial by jury 
gives to legal procedure, and the educational influence 
upon those who participate in its workings, are advan- 
tages of great weight in its favor. Moreover, it is so 
firmly fixed in our legal and social fabric that its aboli- 
tion would be a most radical measure. This fact ren- 
ders imperative the correction of abuses, wherever they 
may be found, and the restoration of a pure ideal, in 
order that the jury system may not become a decadent 
institution. 

No failure of government is more deplorable than the 
failure of justice. There have been times when com- 
munities, exasperated by the feeble efforts of officers and 
courts to bring violators of law to justice, have resorted 
Lynch-iaw. to "lynch -law" as a remedy. This sets an example of 

* In Nebraska, five-sixths of a jury may render a verdict in civil cases. 
In Utah, eight may constitute a jury, and six may render a verdict, 
Outlook, 55 : 533-534 ; 63 : 143. 



tion. 



Judicial Trials 77 

lawlessness, tlie evil influence of wHcli far outweighs 
any attendant good. 

Many legal controversies never appear in courts, be- 
cause tliey are adjusted between the parties concerned 
through the efforts of the attorneys. Other disputes are 
voluntarily submitted to arbitrators by whose decision Arbitra- 
the disputants agree to abide. If more cases could be 
settled out of court, much expensive litigation would 
be avoided, and the cause of justice would not suffer. 
Efforts have been made to establish courts of concilia- 
tion ill some States, but with little success.* 



SUPPIiEMEXTART QUESTIO:S'S AJSTD REFEREJfCES. 

1. What guarantees are contained in the constitution of 
your State safe-guarding the rights of accused persons ? 
Are similar rights secured in all countries ? 

2. As illustrating the process of trial, obtain and fill out 
blank forms for complaint, warrant of arrest, search war- 
rant, subpoena, venire, execution, indictment. 

3. Is the grand- jury system the best method of bringing 
offenders to trial ? 

4. What is the established method of selecting petit 
jurors in your State ? Can you suggest improvements ? 
Visit a court while in session, and observe the selection of 
a trial jury ; also, the examination of witnesses. What 
fees are paid to witnesses and jurymen ? 

5. Find the meaning of the following terms : Damages, 
costs, stay of execution, injunction, certiorari, habeas cor- 
pus (see p. 340), quo warranto, mandamus. 

6. Should the jury system be abolished ? Forum, 23 : 107- 
116; Nation, 67:163; Arena, 22:312-319; Eev. of B's, 
12 : 206-208 ; Pop. Sci. Mo., 47 : 375-382 ; Atl. Mo., 76 : 258- 
262. 

* North Dakota is the only State in which they are extensively em- 
ployed. For description of the system in Norway and in North Dakota, 
see Atl. Mo., 68 : iOl-406 and 73 : 671-677. 



78 Judicial Trials 

7. State judiciary systems are the subject of chapter 43 
in Bryee, I. 

8. What is perjury? To what extent is it practised in the 
courts ? Are perjurers frequently punished ? What are the 
reasons for these conditions ? 



CHAPTER Vin 

CHAEITABLE AND PENAL INSTITUTIONS 

The support of the destitute falls first upon their near 
relatives ; when this resource fails, public charity be- 
comes necessary. Much the greatest part of public re- 
lief is given by local governments. Where the town 
system is strong, the work is in charge of the town 
board or of a special town officer. In the South the 
county commissioners, or other county officers, admin- The support 
ister relief. In many States, particularly in the West, 
both town and county are interested. Towns and cities 
frequently refuse to support paupers who have not " ac- 
quired a residence" within them ; and the burden then 
falls upon the county, or, as in Massachusetts and New 
York, upon the State. 

Two general methods of dispensing alms are prac- 
tised. 1. Out-door relief means the giving of aid at the 
home of the pauper. This is a convenient method in 
cases of temporary want, and in the relief of persons 
who are partially self-supporting. Many local govern- Out-door 
ments make a practice of giving goods, or orders for 
goods, to paupers. In rural communities, where the cir- 
cumstances surrounding every family are well known, 
this method of relief works satisfactorily. But in cities, 
and in the administration of relief by county officers, it 
is possible for individuals to impose upon the public by 
securing aid when it is not deserved. The evil here is not 
only that of stealing from the public treasury, but also 
the evil of pauperizing the individual and the family. 

79 



80 



Charitable and Penal Institutions 



In-door 

relief. 



Dependent 
children. 



Hospitals. 



This is a place for investigation and reform in many 
communities.* Sentimental ideas of charity and loose 
business methods sometimes cause the harm of out-door 
relief to over-balance the good accomplished. 

2. In-door relief. Towns frequently pay for the sup- 
port of their poor in private houses ; and paupers are 
sometimes bound out to service on contract. But alms- 
houses, or poor-houses, become necessary when the 
number of paupers is large. These are most usually 
maintained by counties and cities. When a poor-house 
is located on a farm, and when the inmates are kept 
employed in farming and other industries, these insti- 
tutions become most helpful, and may also be partially 
or wholly self-supporting. The establishment of a poor- 
house sometimes has the effect of decreasing the num- 
ber of paupers who apply for aid from a county. 

Within recent years it has been generally recognized 
that children should not be kept in poor-houses with 
adults, since such surroundings are exceedingly de- 
moralizing to child - nature. There are often State 
schools for dependent children, where education and 
some form of industrial training are provided for the 
inmates. Efforts are made to secure the adoption of 
these children, when of suitable age, into families. 

For the sick and injured medical attendance is pro- 
vided by local governments. In the cities, hospitals are 
maintained at public expense. 

The question of providing for the unemployed in 
times of temporary distress is particularly difficult in 
the large cities. It seems necessary, at times, to estab- 

* The Secretary of the State Board of Charities of Indiana said in 
1897 : " Throughout all the State the conditions are the same — no uni- 
formity, little or no investigation, little attention to common business 
principles, and no sane, deliberate, and shrewd inquiry into the actual 
needs of applicants or into the best methods of supplying those needs." 
National Conference of Charities and Corrections, 1897. 



problem. 



Charitable and Penal Institutions 81 

lish free soup-kitchens and agencies for the distribution 
of food and clothing. Cities have sometimes provided The 
employment upon public works m such cases. Under ployed, 
the Detroit plan, devised by Mayor Pingree, the poor 
are allowed to use vacant lots as vegetable gardens.* 

It is often difficult to distinguish between the home- 
less seeker for employment and the professional tramp, 
who might rather be included among the criminal 
classes. But in most places both are treated in the 
same way, and, as a consequence, men who begin their The tramp 
wanderings with good intentions degenerate, under kind 
treatment, into genuine tramps. The local government 
frequently gives these vagrants food and lodging and 
then sends them on to the next town. Or, they may 
be arrested for vagrancy and sentenced to a term of im- 
prisonment. Many times the city or county keeps them 
during the winter in a poor-house or municipal lodging- 
house and releases them as warm weather approaches. 
None of these methods of treatment is satisfactory 
because no effort is made to test the vagrant's desire to 
obtain work, or to deter him from continuing to lead a 
life of laziness and dependence on charity. Cities that 
have established wood and stone yards, in which the 
applicant for assistance is compelled to earn at least a 
part of his support, find the number of tramps consider- 
ably decreased. 

The support of the poor seems, at first glance, one 
of the simplest operations of government, but we have 
seen that numerous difficulties are involved. How can 
we aid the deserving poor, and at the same time avoid 
making them less willing or able to support themselves ? 
The same question is, or should be, prominent in all 
cases of private charity, for the evil of pauperizing the 
poor is one of great magnitude. And the citizen should 
* See Arena, 15 : 545-654. 



82 Charitable and Penal Institutions 

see that in his private charities he does not aid tenden- 
cies which will result at some future time in increasing 
the difficulties of this problem. 

Compulsory In Germany there is established a system of compulsory insur- 
msurance. ance. All persons earning regular salaries of $476 or less contrib- 
ute to a fund from which they may receive support in sickness 
and old age. Parts of this fund are also contributed by employers 
and by the German government. Encyclopedia of Social Reform, 
740. 

Public control of defectives is necessary on the 
grounds of education, public health, and public security. 

Defectives. Because of the relatively small numbers included and 
the special treatment that is required, it is most eco- 
nomical for the State, rather than for the local govern- 
ments, to care for these unfortunate classes. Hence we 
have the excellent State institutions for the blind, the 
deaf and dumb, the insane, and the feeble-minded. 

In no way can we measure the growth of the humani- 
tarian spirit during the nineteenth century better than 
by contrasting earlier with present methods of treating 

The insane, the insane. Formerly they were regarded as criminals, 
confined in foul prisons, and brutally treated. Insanity 
is now regarded as a disease, and scientific treatment 
results in the curing of a large proportion of the cases. 
Laws quite uniformly require judicial procedure for 
the committal of an insane person to an asylum. It is 
only since about the year 1870 that the insane have been 
generally transferred from county poor-houses to State 
asylums. Evidently, the chronic and harmless insane 
should be treated differently from those who are violent 
and require medical treatment. But in most States all 
are confined in the same State asylums. Wisconsin has 
a plan, highly commended by experts, under which the 
chronic insane are supported, subject to State supervi- 
sion, in a limited number of county asylums. These are 



Charitable and Penal Institutions 83 

generally under the same management as the county 
poor-houses. In State hospitals, then, the conditions 
are most favorable for these who are under the physi- 
cian's care. 

Within recent years a score of States have established The feeble- 
asylums for feeble-minded children, where they receive 
proper educational and industrial training. In a few 
States there are homes for epileptics. 

It was formerly usual to have each charitable insti- 
tution of a State administered separately by its board 
of directors or trustees. At present, however, central 
boards of charities exist in most States. These are of two stateboards 
kinds: (1) Advisory boards, that merely inspect and °**=*'^^^- 
report recommendations, while each institution remains 
under separate management. Such boards are most 
common, and are composed of unsalaried officers. (2) 
A board of control may administer the entire charitable 
system of the State, and appoint a superintendent for 
each institution. Such boards are also given power to 
inspect the construction and control of local poor-houses, 
jails, and asylums. The officers of these boards are 
salaried. The danger of this system is that political in- 
fluences will prevail. But there are advantages in the 
method of central control ; through it, the influence of 
high ideals and scientific methods may be felt in the 
local institutions. 

Methods of punishing criminals have undergone great 
changes since the establishment of the older State gov- 
ernments. At the beginning of the nineteenth century 
the clipping of ears, branding with a hot iron, the stocks, oid meth 
and the pillory had not entii-ely disappeared. Prisons p^jg^. 
were foul pens. But the barbarous mutilation and public ™^'^'' 
exposure of early times have passed away, and prisons 
are now conducted with some regard to the health and 
comfort of the prisoners. We now reject that theory of 



Charitable and Penal Institutions 



Modern 
prisons. 



Release on 
parole. 



Reforma- 
tories. 



punishment which considers its only end to be retribu- 
tion. The principle is generally accepted that for the 
protection of society the criminal must not be merely 
confined and punished, but reformed as well. Some prac- 
tices introduced into State prisons indicate the progress 
of this idea. Instances are found in the excellent pro- 
visions for securing the good health of the inmates ; for 
it is recognized that an. unsound physical condition is 
often the foundation of a criminal nature. So, too, 
prison libraries, reading-rooms, and study classes give 
convicts a chance for mental improvement. Very com- 
monly, good conduct on the part of the prisoner will re- 
sult in a reduction of his term of imprisonment. It has 
been urged that no fixed term of confinement should be 
set, but that the convict should be held in prison until, 
in the judgment of the authorities, he is fit to be at large. 
This system is called the indeterminate sentence* 

In a few States f the prisoner may be released on 
parole or probation. He must find employment, avoid 
bad associations, and report periodically to a parole 
officer. 

Great evil is wrought through the association in 
prisons of first offenders and persons of slight criminal 
tendencies with hardened criminals. For this reason 
we have State reformatories and industrial schools for 
boys and girls. Here they are given an education and 
taught useful trades. Kecently, in two States, \ the 
younger and less hardened offenders among the men 
have been assigned to separate institutions where con- 
ditions are made as favorable as possible for their refor- 
mation. If they show themselves incorrigible, they are 
returned to the State prison. 



* C. D. Warner, The Independent, .51 : 598-600. 

+ Massachusetts, Indiana, Missouri, Alabama, Colorado, and Michigan . 

X Indiana and Wisconsin. 



Charitable and Penal Institutions 85 

It is generally agreed that the confinement of prison- 
ers without occupation is both cruel and demoralizing. 
Several systems of prison labor have therefore been 
tried. (1) The lease system, common in the Southern 
States, permits the sale of prison labor to the highest 
bidder. The prisoners may be employed either within 
or without the prison, and are subject to the control of systems 
their employers. In many instances they are employed ^bor?"*^ 
in working mines and quarries, living in penal camps, 
where one would scarcely expect to find them sur- 
rounded by the proper reformatory influences. (2) 
Under the contract si/stem the labor is performed within 
the prison, under the usual prison discipline. Some form 
of manufacturing is carried on, the contractors furnish- 
ing the foremen, the materials, and to some extent the 
tools and machinery. They pay a stipulated price for 
each day's labor performed by the prisoners. (3) The 
])iece-]}rice system leaves the work of prisoners under the 
supervision of prison officials, the contractors agreeing 
to furnish the materials and to pay a specified price 
for each piece of the finished product. (4) Under the 
public-account system the State conducts the entire proc- 
ess of manufacture, as an individual might, disposing of 
the product on the market. 

In 1895 the outj)ut of the higher penal institutions of 
the entire country was ^19,042,472 worth of manufact- 
ured goods.* It has been ai-gued that this competition 
of the State with private enterprise has the effect of low- 
ering the wages of workingmen. Great opposition to 
prison labor has therefore arisen. In a few States, 
prisoners are employed in the manufacture of all the 
articles needed in the equipment of the State institu- 

* Wright, Practical Sociology, 379. But this was only one five- 
hundredth part of the total manufactured products of the United States 
in 1890. 



.Bm. 



86 Charitable and Penal Institutions 

tions. But no uniformly satisfactory solution of tlie 
problem has been reached. 

In the administration of charitable and penal laws we 
are at present concerned chiefly with relief, punishment, 
The preven- and reformation. But the systems employed too often 
and pauper- tend to perpetuate the evils we wish to cure. With the 
spread of more rational ideas concerning pauperism and 
crime, public attention must be directed toward the 
prevention of both. As population becomes more dense 
in the United States, the problems assume greater pro- 
portions. We have found State control the most satis- 
factory method of managing the greater part of the 
curative processes ; it may be suggested that the proper 
preventive measures are largely matters for private and 
local support. But the further study of this subject 
comes more properly within the field of sociology than 
within that of government. 

Supplementary Questions and References. 

1. What methods of public and of private charity are 
employed in your community ? Is there careful examina- 
tion into the merits of cases ? Is there duplication of 
charities? Which, the public or the voluntary work, is 

. on the whole more effective ? 

2. What is your remedy for the tramp problem ? 

3. In Delaware certain offenders are whipped at the post. 
What are the merits of this method ? 

4. Outline the system of State charities in your State. 
Can you suggest improvements ? 

5. Methods of relief work in various cities during the hard 
times of 1893-94 are discussed in Rev. of R's, 9 : 29-37. 

6. Many old forms of punishment are described in Earle, 
Curious Punishments of By-gone Days. 

7. What was the condition of prisons at the beginning 
of the nineteenth century? McMaster, History of the 
United States, I, 98-103. 



Charitable and Penal Institutions 87 

8. What are the effects of exposing offenders to public 
gaze? 

9. The most famous reformatory is that at Elmira, 
N. T. An illustrated year-book is published by the in- 
mates. See also N. Am. Rev., 140: 291-308. 

10. What is the penal system of your State ? Study the 
reports of State officers having charge of penal and chari- 
table institutions. 

11. What is the average age of convicts in the United 
States ? What proportion are regarded as incorrigible ? 
Wright, N. Am. Rev., 164 : 279. 

12. Charities. The best -svork is Warner, American Chari- 
ties. See also Reports of National Conference of Charities 
and Corrections ; Encyclopedia of Social Reform ; Wright, 
Practical Sociology, 322-330 ; Atlantic Mo., 57 : 449- 
454 ; State Care of Dependent Children, N. Am. Rev. , 
171 : 112-123 ; Rev. of R's, 9 : 38-40 ; Education of the 
Feeble-Minded, N. Eng. Mag., 22 : 6-20 ; The Abuse of 
Public Charities, Pop. Sci. Mo., 55 : 155-163. 

13. Penal and reformatory institutions. Reports of 
National Conference of Charities and Corrections ; Re- 
ports of International Prison Congress ; Encyclopedia 
of Social Reform, "Penology;" Wright, Practical Soci- 
ology, 350-389 ; K Am. Rev., 158 : 332-342 ; Boston's 
Penal Institutions, New England Mag., 17 : 613-629. 
Progress in Penology, Forum, 30 : 442-456. Prison 
Labor, N. Am. Rev., 164 : 273-282; 758-760; The True 
Purpose of Penitentiary Penalties, Arena, 28 : 400-404. 



CHAPTER IX 



EDUCATIONAL SYSTEMS 



Local con- 
trol of 
schools. 



The school 
district. 



The maintenance of public schools is a function of the 
State governments. Though the National government 
has aided in this work, as we shall see, its authority 
does not extend over our systems of elementary and 
higher schools. 

In the South the county, and elsewhere the town, is 
usually divided into districts solely for purposes of school 
government. Now the ways of dividing authority be- 
tween the town or county on the one hand and the 
school district on the other are so many that a general 
description is impossible. In no other field do we find 
such great variety of local arrangements ; sometimes 
several forms may be found in the same State. This is 
partly because school government is the most local of 
all government. Only to a slight extent has it felt the 
unifying effect of central State authority. When the 
district absorbs most of the school functions and be- 
comes the real unit of organization and administration, 
we have district meetings of voters. These are similar 
to town meetings, but they are held at a different time, 
since school business is kept distinct from town affairs. 
This is the most democratic method possible of raising 
taxes, electing officers, and managing school affairs. In 
many States, however, there is a town school meeting 
and the districts are organized merely for administra- 
tive purposes, the different district schools being man- 
aged more or less independently. 

88 



Educational Systems 89 

Any form of the district system lias certain serious 
defects. Under this system the schools of rural dis- 
tricts remain small, isolated, and poorly graded, while 
low salaries and poor teachers are too common. The 
centralization of authority in the town, or in the county, 
has some points of advantage. The to^syn system of The town 
school government exists in some of the New England 
States, Pennsylvania, Ohio, and Indiana, and its adop- 
tion is optional in other States. Under this system 
there are fewer schools, and, it is claimed, these can be 
better graded and equipped. With the expenditure of 
less money there may be better salaries and consequently 
better teachers. The same advantages may be intensi- 
fied by having but one school, centrally located, for each 
town. The chief difficulty lies in the distance of such a 
school from the pupils' homes. But this has been sat- 
isfactorily overcome in Ohio, by the transportation of 
children at town expense.* 

Those who favor the town system maintain that 
under it the problem of school supervision may be school 
more satisfactorily dealt with than under the district vision, 
system. It is usual to place upon district or town offi- 
cers the duty of visiting and inspecting schools, besides 
the oversight of financial interests and the employment 
of teachers. Because these officers are busy in other 
pursuits and have slight knowledge of the purely pro- 
fessional aspects of school systems, very little real su- 
pervision is accomplished. In nearly all States there 
are county superintendents, whose principal duties are The county 

T- 1 1 1 - superln- 

supervisory. In most cases, however, counties are so tendent. 
large that the superintendent's visits to any school are 

* See Report of the Committee of Twelve, National Educational Asso- 
ciation, 43-53, 135-141, for reasons for and against consolidation and 
transportation of pupils. Also, Report of Commissioner of Education, 
1897-98. 



90 



Educational Systems 



Politics in 

school 

affairs. 



State su- 
pervision. 



necessarily infrequent and brief. In short, the district 
seems to be too small, and the county too large, for 
adequate school supervision. Where the town system 
prevails, officers are less numerous, and, it may be, more 
capable. Supervision will at least be more uniform, and 
perhaps more effective. If the schools are consolidated, 
the principal of the central school may have supervisory 
powers. Another plan for the solution of this problem 
is the union of a number of towns (as in Massachu- 
setts) for the employment of a competent supervisor. 

The introduction of party politics into school affairs 
frequently brings incompetent men into office and in 
many ways hinders educational progress. The popular 
election of county superintendents, usually at general 
elections, has a tendency to make that office political 
rather than professional. Less than one-half of the 
States have prescribed educational qualifications for the 
position of county superintendent. Yet his work goes 
far toward determining the professional tone of the 
schools. By fixing a high standard for the teachers 
under his authority, by efficient work in county insti- 
tutes and other meetings, and by frequent contact with 
the people of the county, he may do much to aid educa- 
tional pi'ogress. 

In nearly every State of the Union there is a State 
superintendent, or a State board of education, or both. 
Methods of selection and organization are various. The 
superintendent or the board has authority to interpret 
and enforce the general school laws of the State ; and to 
supervise, in a general way, the school system. An ad- 
ditional function is "the higher and far more important 
work of directing educational movements, of instructing 
the people, and of creating public opinion and arousing 
public interest." 

In school affairs, as in other matters of local govern- 



Educational Systems 91 

ment, each large city has its peculiar system.* In many 
cities, the school system is not only managed as a sep- 
arate department, but its workings are almost inde- city school 
pendent of the central legislative and executive ma- ^^^ ^™^' 
chinei*y of the city. There are special times for school 
elections, and the school board is not responsible to 
either council or mayor. In other cases, different de- 
grees of relationship exist between these authorities. 

Boards of education in cities may be either elected or 
appointed. In either case, the selection of members 
for political reasons is in many cities the cause of seri- 
ous offences against the rights of the children. Much 
confusion and ineffective management result from the 
failure to discriminate clearly between legislative and 
executive functions in school government. Legislation 
is properly intrusted to a board, but when a policy is ggj^g 
once determined upon, it can best be executed by single ^fties^^ 
officers, rather than by committees of the board. Re- 
sponsibility and prompt action are secured by the con- 
centration of authority in one officer. Another source 
of evil is the confusion of the business and the pro- 
fessional sides of school government. Boards of edu- 
cation are more competent to supervise business affairs, 
and so generally leave the determination of courses of 
study and methods of teaching to educational experts. 
But other professional affairs, such as the employment 
of teachers and the selection of text-books, too often 
remain within the jurisdiction of the board. This body 
frequently acts under the advice of the superintendent 
of schools, but in other cases professional interests are 
subordinated to business or political considerations. 

School systems and courses of study are most highly 
developed in cities ; here, too, equipments are most 

* Report of the Committee of Fifteen, National Educational Associa- 
tion. 114-133, 198-336. 



92 Educational Systems 

complete. In 213 cities public kindergartens were 
maintained during tlie school year 1898-99. Manual 
training was taught in the public schools of 170 cities 
having a population of over 8,000.* Separate schools 
for truants are a feature of a few city systems. 

In most States there are compulsory education laws, applying 

uniformly to rural and city populations. The following statistics 

Illiteracy. of illiteracy are interesting ; they indicate the percentage of the 

total population, ten years of age and over, who are unable to read 

and write, t 

Per cent. 
North, Central States. .. . 5.7 

Western States 8.3 

Average for United States 13.3 

The high percentage in the South is mainly due to the presence 
of the negro population. In those States, separate schools for the 
two races are provided. 

With these figures we may compare statistics of illiteracy in for- 
eign countries. 



Text-book 



Per cent. 
North Atlantic States. ... 6.2 

South Atlantic States 30.9 

South Central States 29.7 



Per cent. 

Switzerland 2.1 

Scotland 5. 15 

Netherlands 6.5 

England 7. 

France 7.4 



Per cent. 

Belgium 14.8 

Austria 15.4 

Italy 40.3 

Spain 62.66 

Russia 70.8 



The adoption of text-books is intrusted in some 
States to the State board of education. More often 
the laws allow each local board to act independently, 
laws. while the frequency with which books may be changed 

is restricted. In some States it is the rule that text- 
books must be furnished free to pupils ; in others, 
again, this policy is optional and the question of free 
books may be settled at school elections. The State 
of California publishes a series of texts whose use is 
obligatory in the common schools. 

*Report of the Commissioner of Education for 1898-99, 3257-2262, 
2139-2142. 
t76ic?., 1893-3, 115-155. 



Educational Systems 93 

Excellent systems of high schools have been de- 
veloped in recent years. Those located in the large 
cities have their o^vn courses of study and methods of High 
management. But the high-school systems of villages 
and small cities have been fostered under uniform State 
laws. 

During the school year of 1898-99 the number of 
pupils enrolled in the common schools of all the 
States was 15,138,715.* This was almost 70 per cent, 
of the total number of children between the ages of 
5 and 18 years. The pupils enrolled attended school 
on an average of ninety-eight days each, or nearly five 
school months. The entire amount of money raised School 

revenues. 

for the support of the common schools was ^204,017, 
612. The expenditures were $197,281,603. 

Whence, it may be asked, was this enormous revenue 
derived? From several sources. 

1. The greatest part, about 70 per cent., came from 
local taxation. This emphasizes the fact, already 
noticed, that local governments have the largest share 
in the control of our common-school systems. 

2. About 18 per cent, of the total amount was the 
result of State taxation. The proj)ortions of State and 
local taxes vary greatly in the different States. Some 
levy no State tax whatever for this j)iirpose. Some- 
times a certain per cent, is levied for school purposes 
on each dollar's worth of property in the State. Or, 
there may be a poll or other special tax. This method 
of deriving school revenue is commendable because in 
the poorer sections of a State lack of revenue from local 
sources may keep the schools upon a low grade. Simi- 
larly, when widely different amounts of taxes are raised 
by different districts of the same town, it has been 

* These and the following statistics are found In the Report of the 
Commissioner of Education for 1898-99, VoL L 



94 Educational Systems 

recommended that the town be the unit of taxation, 
rather than the district. 

3. The amount of school revenue yielded from miscel- 
laneous sources was 7.6 per cent, of the total. 

4. Permanent school funds and rents form the fourth 
source of revenue (4.4 per cent, of the total). 

Origin of The Origin of these funds must now be accounted 

funds' for. When the States laying claim to the territory north 

of the Ohio Eiver and east of the Mississippi ceded 
their claims to the United States, Congress passed 
the " Land Ordinance of 1785 " containing the follow- 
ing provision : " There shall be reserved the lot number 
sixteen of every township for the maintenance of public 
schools within the said territory." * The same purpose 
is seen in that provision of the Ordinance of 1787 which 
declared that " Religion, morality and knowledge being 
necessary to good government and the happiness of 
mankind, schools and the means of education shall 
forever be encouraged." Nowhere do we find better 
stated the ultimate purpose of public education. 

The policy thus asserted was carried into execution 
whenever any State in which the United States owned 
National lands was admitted to the Union. In each case section 
land grants, g^^^ggj^ ^f gg^^j^ township was sct asidc for the support 
of the conimon-school system. Since 1848 every such 
State has received for this purpose both section sixteen 
and section thirty-six of every township. When, there- 
fore, these lands were sold to settlers, the proceeds 
were gathered into permanent school funds ; these are 
invested in interest-bearing securities, and the income 
derived therefrom is annually distributed among the 
schools. 

These funds have been increased in various ways. To 
most of the Western States Congress gave 500,000 acres 

* Hinsdale, The Old Northwest, 359. 



Educational Sy^stems 95 

of land, to be devoted, originally, to the support of in- 
ternal improvements. Some of the States have dedi- 
cated the proceeds of these lands to educational uses. 
Many States have received swamp and salt lands, which 
in some cases have gone to increase school funds. Since 
the National government owned no lands in the original 
States, they have not been benefited by its generosity 
in the donation of lands. But many of these States 
have set aside their own wild lands and in other ways 
have established permanent school funds. 

The colleges and universities of the United States 
number 484. Of these, the greater number are sup- 
ported by endowments and donations from private 
sources. Most States, particularly in the TTest, tax the 
property of their citizens to support State universities.* Higher 
The Federal government has been as generous in the 
support of higher education as in the aid granted to the 
common schools. When the sale of lands in the North- 
west Territory was authorized. Congress provided that 
not more than two complete townships (seventy-two 
square miles) of land should be given to each State 
therein erected for the support of higher education. 
Every new State in which the United States owned land Federal 
has reaped the benefit of this policy, some having re- ^ ' 
ceived more than two townships. In some of the older 
States, these lands and the common-school lands were 
sold at very low prices. Bad management in this re- 
spect, and in the care of the funds thus estabhshed, has 
caused immense loss to these States. The newer States, 
profiting by this experience, have been more judicious. 

In 1862 Congress granted to each State of the 
Union, and to each new State to be admitted later, as 
many times 30,000 acres of land as it had Senators and 

* The total number of colleges and universities supported by the States 
is fortj-three. In several States there is more than one such institution. 



96 Educational Systems 

Eepresentatives in Congress. The income of the funds 
Agricultural arising from the sale of this land was to support colleges 
of agriculture and mechanic arts. In 1887 each State 
was given $15,000 annually for the support of agricult- 
ural experiment stations. By a law of 1890 this 
amount was to be increased by $1,000 each year imtil 
the appropriation reached $25,000 for each State. This 
law provided that this money " shall be applied only to 
instruction in agriculture, the mechanic arts, the Eng- 
lish language, and the various branches of mathe- 
matical, physical, natural, and economic science, with 
special reference to their applications in the industries 
of life and to the facilities for such instruction." Tech- 
nical schools are in this way aided in many States. 
In connection with the systems of higher education 
Profes- we find professional schools of various kinds. These 
Bchcfois. include colleges of law, medicine, dentistry, pharmacy, 
veterinary medicine, and normal schools. Commercial 
and business courses ai'e a feature in a large number of 
colleges, universities, and high schools. 

SUPPIiEMBNTARY QUESTIONS AND RBPERENCES. 

1. What reasons can you give for the public support of 
common schools ? Do the same reasons justify taxation for 
the support of colleges and universities ? How do you jus- 
tify State support of professional and technical schools? 
Should schools for other professions and trades be in- 
cluded ? 

2. Study the organization of the school system in your 
State, (a) What is the unit of school taxation ? Of ad- 
ministration ? Should these be larger or smaller ? 

(6) What officers conduct school affairs ? Can you sug- 
gest improvements in the system ? 

(c) How is school supervision secured? Is it effective? 
In what ways does the State control the common-school 
system ? 



Ediicational Systems 97 

{d) What are the laws of the State upon the STibject of 
compulsory education ? text-books ? 

(e) Study the revenues and expenditures of your school 
system. Comparison with other States in different sections 
of the country is possible from the reports of the Commis- 
sioner of Education. 

(/) Ascertain the amount of Federal aid received by your 
State for education. 

3. What inequalities in taxation for schools exist in some 
States? Report of the Committee of Twelve on Rural 
Schools, 29-30. 

4. What is the best method of electing school boards in 
cities ? Hinsdale, Studies in Education, 265. 

5. Students may get ideas for the graphic representation 
of educational statistics from the Report of the Commis- 
sioner of Education, 1897-98, pp. Ixxxvii-xcvii. 

6. History of land grants for schools. Boone, Educa- 
tion in the United States, 88-93 ; Hart, Essays on Ameri- 
can Government, 244-3-47 ; Harper's Mag., 68 : 471-476 ; 
Steams, Columbian History of Education in Wisconsin. 

7. Schools in colonial times. Commissioner of Educa- 
tion, 1897-98, II, 1165 ; McMaster, History of the United 
States, I, 24-27 ; Earle, Child Life in Colonial Days ; 
Lodge, Short History of the English Colonies in America, 
74-76, 464-467 ; Fiske, Old Virgmia, II, 245-253 ; Boone, 
Education in the United States, 9-19. 

8. Use of lotteries in support of schools. Boone, 87-88. 

9. 'Need of reform in city schools. Encyclopedia of Social 
Reform, 536-537, 539. 

10. Should there be a National University at Washing- 
ton? Forum, 28 : 663-676. 



CHAPTER X 

THE EXERCISE OF THE POLICE POWER 

We are accustomed to associate with the word 
"police" the idea of a body of officers to whom the en- 
forcement of law is entrusted. But the legal sig- 
nificance of the word is much broader. In this sense 
we speak of the police power of a State as its system of 
internal regulation " by which persons and property are 
subjected to all kinds of restraints and burdens in order 
to secure the general comfort, health, and prosperity of 
the State," i.e., of the citizens. It is assumed that all 
property of the State is held subject to those general 
regulations which are necessary for the common welfare. 
So, too, in the conduct of private business and in the 
family and social relations of life, citizens are not en- 
tirely free to determine their own conduct ; but through 
its police regulations the State insures " to each the 
uninterrupted enjoyment of his own rights so far as is 
reasonably consistent with a like enjoyment of rights by 
others." * 

We are most familiar with the police regulations that 
are calculated to preserve public order and prevent of- 
fences against persons and property. A number of 
other instances in which the police power is used will 
now be noticed. 

1. Individuals are subjected to governmental control 
for the preservation of public health. Until recent years, 
health and sanitary laws were matters of local govern- 

* Cooley, Constitutional Limitations, 704, 706. 
98 



The Exercise of the Police Power 99 

ment only ; but at present State boards of health are 
almost universal. The establishment of these boards 
has made the regulations upon this subject more uni- 
form ; at the same time the administration of laws has Health and 
become more thorough. For popular ignorance and 
prejudice often prevent the execution of adequate sani- 
tary measures. This is especially true when contagious 
diseases prevail. Stringent regulations then become 
necessary for disinfection, isolation, and quarantine. 
Local boards of health exist in the cities, but they are 
not so common in rural districts. These boards are 
made subject to control by State boards. 

In the interest of public health, private property may 
be declared a nuisance and removed or destroyed at 
private expense. Many cities have officers who inspect 
plumbing and appliances for sewage disposal. The in- 
spection of foods of all kinds is a function of health 
boards. Most States prohibit the sale of cigarettes to 
minors as being injurious to health. These measures 
are preventive in character, and their scope is constantly 
being enlarged. The chemical examination of water 
supplies reveals an important source of disease. A 
number of cities have forbidden expectoration in street- 
cars and public places. The estabhshment of hospi- 
tals and sanitariums for tuberculous patients has been 
begun in some localities. Health regulations also ex- 
tend to the examination of horses and cattle and their 
condemnation when diseased. 

2. The public is protected from danger in other ways 
than by these health regulations ; for instance, by laws protection 
requiring that buildings containing halls for public as- da^er. 
semblages shall have doors that swing outward, and by 
laws compelling the erection of fire-escapes on tall build- 
ings. In cities, wooden structures may not be built 
within the " fire limits " that are prescribed by ordi- 

LofC. 



100 



The Exercise of the Police Poioer 



Travel and 
commerce. 



Common 
carriers. 



nances. Private property may be destroyed to prevent 
the spread of fire. 

The law regulates certain kinds of business on the 
ground that carelessness might render them injurious 
to individuals or to the public. For this reason the sale 
of explosives, fire-arms, and poisonous drugs is accom- 
panied by legal restraints. So in the use of a public 
wharf or a market-place, the interests of the few must 
be subordinated to the welfare of the greater number. 

3. The conduct of individuals upon public highways 
is subject to legal control ; the law may fix the rate of 
speed and require vehicles to turn to the right. Travel 
by water is likewise regulated. The States declare cer- 
tain rivers and lakes within their limits to be navigable 
waters ; these become highways, open to the public* 
Consequently, such matters as the conduct of vessels, 
the building of dams, bridges, and docks are regulated 
under the police power of the States. 

4. Persons and corporations are subject to police 
regulation because of the nature of the service they 
render, as in the case of the "common carriers." A 
common carrier is "one who holds himself as a carrier, 
inviting the employment of the public generally. The 
most familiar classes of common carriers are railroad 
companies, stage coach proprietors, expressmen, truck- 
men, ship-owners, steam-boat lines, lightermen, and 
ferrymen." Any person falling within this definition 
" is bound to serve without favoritism all who desire to 
employ him, and is liable for the safety of goods en- 
trusted to him, except by losses from the act of God or 
from public enemies, or unless special exemption has 
been agreed upon ; and in respect to the safety of pas- 
sengers carried he is liable to injuries which he might 

* But if they are used in interstate or foreign trafiBc, they are subject 
to control by the National government. See p. 800. 



The Exercise of the Police Foiver 101 

have prevented by special care." * Frequently the maxi- 
mum rates to be charged by common carriers are fixed 
by law. This is also true in those kinds of business 
that involve a more or less complete monopoly. It is 
held that these are quasi (i.e., in a certain degree) pub- 
lic employments. The water, lighting, and transporta- PnMc- 
tion services of a city are subject to control for this industries. 
reason. Telegraph and telephone companies resemble 
common carriers very closely, though they are not con- 
sidered such in law. Yet they are often made subject 
to the same regulations and liabilities as common car- 
riers. Legal restraints are enacted for certain employ- 
ments in which there is liability that patrons will not 
receive fair treatment. This is true (aside from health 
regulations) regarding the sale of milk, cheese, and oleo- 
mai'garine. On the same principles, too, the management 
of hotels and theatres is controlled. 

5. Certain employments and practices are forbidden 
or placed under restrictions because they are in them- Eestncted 
selves immoral. The pursuit of gambling in its various ments.''^ 
forms falls under this head. The State interferes to 
prevent the infliction of cruelty upon animals because 
acts of this nature are immoral ; and also because the 
moral sense of people is shocked by the sight or knowl- 
edge of their occurrence. Partly on the ground of the 
immorality of intemperance, and partly because of the 
dangers with which the public is threatened through 
this vice, the manufacture and sale of intoxicating 
liquors is the subject of State control. 

In the regulation of employments, for whatever rea- 
son, it is customary for the State to require licenses. Licensed 
This is for the pui-pose of preventing persons from Sents?^" 
entering these employments indiscriminately. Accom- 
panying the license is a fee, the amount of which may 

* Century Dictionary. 



102 The Exercise of the Police Power 

be (1) simply sufficient to cover the expense of inspec- 
tion and regulation ; or (2) it may be large enough to 
discourage or even to render impracticable the pursuit 
of the licensed business.* In its legal aspect, then, a 
business which is licensed is presumed to be legitimate, 
but to require regulation in order that the public may 
not suffer from abuses that may arise in connection 
with it. 

The laws regulating the manufacture and sale of in- 
Liquor toxicating liquors are very numerous. Some of the 

most common of these prohibit the sale to minors, to 
intoxicated persons, and to habitual drunkards ; also, 
the sale of liquors is forbidden on Sunday, on legal 
holidays, election days, and during certain hours of the 
night. The following restrictions are found in different 
States. There shall not be more than one saloon to a 
certain number of inhabitants. There shall be no sa- 
loon within certain distances of public schools, colleges, 
churches, or parks. Screens and all obstacles to a clear 
viewof the place where liquor is sold are prohibited. In 
some States liquor must be sold only with eatables or 
in connection with lodging-houses and hotels. In other 
States liquor must never be sold under these conditions. 
The consent of the owners of property in the same block 
or near the saloon is sometimes required. Liquor dealers 
are made responsible for damage caused by an intox- 
icated person who is known to be dangerous when under 
the influence of liquor. 

* The term "license fee" is often attached to taxes; e.g., the license 
fees paid under United States law on the manufacture and sale of 
liquors. The idea here is simply the gaining of revenue. Many States 
require license fees with the sole purpose of raising revenue. See p. 
66. For the fiscal year ending June 30, 1896, the license fees, special 
taxes, and fines imposed upon the liquor business by States, counties, 
and municipalities amounted to $50,.569,313. During the same year the 
revenue of the United States from this source was $114,450,862. Bul- 
letin of Department of Labor, No. 1 7, July, 1898. 



The Exercise of the Police Poioer 103 

The governmental regulation of this business has ex- 
tended in a few States to the absolute prohibition of all 
manufacture and sale of intoxicating hquors. Prohib- ProMbitory 
itory laws " are looked upon as police regulations estab- 
lished by the legislature for the prevention of intemper- 
ance, pauperism, and crime, and for the abatement of 
nviisances." * 

The following States prohibit the manufacture and sale of intox- 
icating liquors, except for medicinal, mechanical, and scientific 
purposes : Maine, Vermont, Kansas, and North Dakota. In New 
Hampshire the manufacture alone is prohibited. All but four 
States of the Union have statutes requiring that physiology be 
taught in the common schools, with especial reference to the effects 
of stimulants and narcotics upon the human system. 

The difficulties in the enforcement of prohibitory laws 
may be grouped under several heads. (1) In certain 
localities, particularly in cities, we find the lack of pub- 
lic sentiment favorable to their enforcement. In these 
places officials have sometimes engaged systematically 
in the practice of fining or taxing saloon-keepers with- Enforce- 
out attempting to enforce the prohibitory laws. (2) prohibition. 
There is great difficulty in preventing the importation 
of liquors into prohibition States, f (3) Since the use 
of alcohohc liquors for medicinal and mechanical pur- 
poses is exempted from the prohibition, druggists are 
licensed to dispense them under prescription by a phy- 
sician or some similar regulation. This leads to viola- 
tion of the law, drug-stores sometimes becoming saloons 
in everything but name. (4) There are a multitude of 
devices for evading prohibitory laws, many of which in- 
volve official perjury and corruption. 

Local option contemplates the settlement of the liquor- 
license question by each local government for itself. In 

* Cooley, Constitutional Limitations, 718. 
t See interstate commerce, p. 199, 



104 The Exercise of the Police Power 

some States the issue of " license or no license " must 
be voted upon by the people each year. Or, again, a 
vote may be taken if a certain number of voters peti- 
tion for it. 

High license means the exaction of large license fees 
High for the purpose of discouraging the liquor business. 

The combination of local option and high license exists 
in some States. The fees are in some cases $500 or 
more. Saloons in cities may be required to pay more 
than those in towns of the same State, $1,000 being not 
an unusual amount for the former. 

The granting of licenses is most frequently in the 
hands of the local governing board. Bonds, which are 
liable to be forfeited for non-compliance with the law, 
may be required of the licensee. Sometimes special 
commissioners are given charge of the entire matter of 
granting and revoking licenses. The exercise of these 
powers by officers opens another avenue through which 
corrupt influences enter politics. The control of the 
liquor business by licensing authorities and by the 
police should receive the constant attention of citizens. 
In no other way will the enforcement of law be secured. 

In the State of South Carolina there has been established, since 
The die- 1893, a peculiar method of dealing with the liquor problem, known 
sySemf *s the Dispensary System. A Board of Directors of the Dispen- 

sary System is elected by the General Assembly. This board 
appoints a Commissioner who buys all liquors that are sold, with 
the sanction of law, in the State. Their sale is under the super- 
vision of County Boards of Control, who appoint Dispensers in 
towns and cities to retail the liquor in the original packages. The 
State has a monopoly of the liquor business, and by selling at a 
good profit realizes considerable revenue ; this is divided between 
the counties and the municipalities. Another interesting system is 
that in operation in Gothenburg and other cities of Sweden. 



TJie Exercise of the Police Power 105 



Supplementary Questions and References. 

1. How do you reconcile the legal restrictions enumer- 
ated in this chapter with the inherent right to " life, 
liberty, and the pui'suit of happiness " guaranteed by State 
constitutions ? 

2. What provisions relating to the topics mentioned in 
this chapter are found in the statutes of your State ? Can 
you discover other provisions illustrating the exercise of 
the State's police power ? 

3. Should the ]S'ational government inaugurate a sys- 
tem of health regulation ? IS", Am. Rev., 165 : 733-753 ; 
166 : 543-551 ; 167 : 527-533 ; Outlook, 61 : 155-156 ; 
Forum, 26 : 684-692. 

4. Axe the liquor laws of your locality enforced? 
Which method of controlling the sale of liquor do you pre- 
fer ? For what reasons ? 

5. The general powers (including police powers) of pub- 
lie corporations are discussed in Dole, Talks About Law, 
chapter 26. For common carriers, see Dole, pp. 372-377. 

6. The following references are available for topics re- 
lating to the liquor problem : Bliss, Encyclopedia of 
Social Reform ; Wright, Practical Sociology, chapter 23 ; 
Wines and Koren, The Liquor Problem in its Legis- 
lative Aspects (this book contains a general discussion 
of the problem, chapters upon prohibition in Iowa and 
Maine, and the liquor laws of South Carolina, Massachu- 
setts, Pennsylvania, Ohio, Indiana, Missouri, and iSew 
York) ; The Grothenburg System, Fifth Special Report 
of the Commissioner of Labor (1893) ; Economic Aspects 
of the Liquor Problem, Twelfth Annual Report of the 
Commissioner of Labor (1897-98). (Contains digest of 
State laws and statistics of revenue from the liquor busi- 
ness.) 

7. Liquor Legislation. — Eliot, Atl. Mo., 79 : 177-187 ; 
N. Am. Rev., 147 : 638-644 ; 156 : 728-738 ; 162 : 287-291 ; 
292-295 ; Forum, 21 : 595-606 ; 18 : 339-351 ; Pop. Sci. 
Mo., 44 : 577-593; 55 : 438-450; 610-622; Raines Law 



106 The Exercise of ilie Police Power 

(New York), N. Am. Rev., 162 : 481-485 ; Gothenburg 
and South Carolina Systems, Forum, 17 : 103-113 ; 26 : 
551-560; N. Am. Rev., 158 : 140-149; 513-519 ; Arena, 
9 : 836-837 ; 841-844 ; N. Eng. Mag., 11 : 785-797 ; Out- 
look, 56 : 985-988 ; Drink Problem in New York City, 
Waring, Outlook, 60 : 436-440 ; No-license in Cam- 
bridge, N. Eng. Mag., 13 : 53-59. 



CHAPTER XI 

LABOR LEGISLATION 

The laws tliat fall under this designation are very 
similar in their general purpose to those through which 
the State exercises its police power. It will be conven- 
ient to consider these laws as grouped into several 
classes. 

1. There are laws that relate to the age of workers 
and the hours of labor. Attention was early called to 
the necessity for labor legislation because of the employ- 
ment of young children in factories and the loDg hours Latorof 
of service for women and children. State laws now dSidren!^"^ 
quite generally prohibit the employment of these per- 
sons for more than ten hours a day, or sixty hours a 
week. The employment of children in factories and 
mercantile establishments is made illegal, though the 
age limit varies from ten to fourteen or sixteen years. 
Accompanying these laws are requirements that children 
be given a minimum number of months' schoohng each 
year. 

There has been much agitation in favor of a legal 
eight-hour day for workmen. The employees of the 
National and of many State governments work under 
this rule. Many State legislatures have declared eight The eight- 
hours to be a normal working day ; but freedom of ""'^ *^' 
contract is allowed in this matter, so that in those States 
most laborers work for the full ten hours. There are a 
few exceptions to this rule, however ; in certain industries 
and kinds of employment that are considered especially 

107 



108 



Labor Legislation 



Safety and 
comfort of 
employees. 



Wages. 



Trade 
unions. 



Strikes. 



dangerous or difficult, laws fix a maximum number of 
hours. In Wisconsin the eight-hour day is compulsory 
for women ; but in Illinois, a similar law was declared 
unconstitutional on the ground that it interfered with 
freedom of contract. Sunday labor is prohibited in most 
States. 

2. The second class of labor laws specify the condi- 
tions under which labor may be carried on. They regu- 
late the manner in which factory buildings shall be 
constructed and ventilated ; the lighting and sanitation 
of these buildings must conform to certain require- 
ments. Under certain conditions, seats must be pro- 
vided for employees. The hours for meals must be 
reasonable. Sweat-shops are prohibited. Steam boilers 
are inspected and engineers are examined. Machinery 
must be so placed and guarded that employees will not 
be compelled to work in dangerous situations. Mines, 
in partictdar, are subject to State laws intended to se- 
cure the safety of miners. 

3. The relations of employers and employees, and of 
both to the public, form a very important but com- 
plicated subject of legislation. There are laws regulat- 
ing the time for the payment of wages, and prohibiting 
the truck system. Other laws forbid blacklisting and 
boycotting. The liabilities of employers for damages, 
because of accidents in which employees suffer, are fixed 
in many States by legislation. Trades unions and their 
members have received legal protection in various 
ways ; for instance, laws prevent the discharge of em- 
ployees for the sole reason that they are members of 
these organizations. One of the most difficult subjects 
of legislation in this field is that relating to labor con- 
flicts. Laws which undertake to control strikes and 
lock-outs are being supplemented by others calculated 
to prevent these labor wars. In about one-half the 



Labor Legislation 109 

States, boards of arbitration and conciliation bave been 
established. These boards are empowered to offer their 
services to aid in the settlement of disputes between Ajbitration. 
employers and employed, and to investigate and report 
facts concerning strikes. But nowhere in this country- 
has the compulsory arbitration of labor disputes been 
made legal, and it is difficult to see how such a law 
could be administered. 

"When damage to property or to business interests has been 
threatened by strikes, courts have granted injunctions, and by this Injnnctione. 
means the acts of strikers were controlled. Much opposition has 
arisen to this method of dealing irith these cases; it is called 
" government by injunction." 

The relations between workmen and their employers are deter- 
mined primarily by the rules of " common law." This is that body The com- 
of law "which originated in the common wisdom and experience 
of society, in time became an established custom, and has finally 
received judicial sanction and affirmance in the decision of the 
courts of last resort."* It is found in reported decisions of 
courts and in legal text-books of established authority. But the 
new conditions of modern industrial life have rendered necessary 
statute laws which modify and supplement the rules of the com- 
mon law. 

4. The enforcement of labor laws is a duty of State 
and local officers ; but in nearly every State of the 
Union there have been created bureaus of statistics of Labor bu- 
labor having more or less complete powers over the 
administration of the laws under consideration. In 
some cases the powers are merely those of collecting 
statistical information and of inspection in the ordinary 
sense of that term ; in these ways much valuable infor- 
mation concerning conditions of labor is made pubHc. 
But the power of enforcing labor laws is often vested in 
these bureaus, or in special officers called factory in- 
spectors, who devote their time to this matter. 

* Robinson, Elementary Law, 2 ; Dole, Talks about Law, 8. 



reaus. 



110 Labor Legislation 

5. Looking toward the prevention of evils and con- 
flicts in the industrial world, we find the establishment, by 
Industrial city and State governments, of industrial and technical 
schools and the incorporation of manual training courses 
in the common schools. For with the increased intelli- 
gence and skill of workmen will come increased respect 
for their rights, and more reasonable settlement of 
their relations to capitalists. 

It is the development of modern industry that has 
made necessary this mass of legislation upon so many 
different topics. In the exercise of these powers, the 
State wields, through governmental agencies, an im- 
mense economic influence. The economic functions of 
government become of increasing importance yearly ; 
for in their exercise the State attempts, by the enact- 
ment of temporary devices or permanent policies, to 
solve the great social problems of to-day. 

SUPPLEMBIfTART QUESTIONS -AND RBPBREISrCBS. 

1. Find in the statutes of your State provisions regu- 
lating the employment of labor. Has your State an 
efiBLcient system of factory inspection ? 

2. When were the first factory acts of England passed ? 
Gardiner, History of England, 911, 927. 

3. What value have the statistics that are collected by 
labor bureaus ? 

4. What has been accomplished in your State toward 
the peaceful settlement of labor disputes ? 

5. The use of injunctions in connection with labor 
troubles. Outlook, 55 : 164-166 ; 192-193 ; 56 : 390 ; Na- 
tion, 65 : 160-161 ; 256-257 ; Rev. of R's, 16 : 356 ; Arena, 
20 : 194-206. 

6. Why are the economic functions of government 
increasing ? 

7. Labor legislation. Stimson, Labor in its Relations to 
Law. By the same author. Handbook to the Labor Laws 



Labor Legislation 111 

of the United States ; Wright, Practical Sociology, chap- 
ters 22-26 ; Wright, Industrial Evolution of the United 
States, chapters 22, 23 ; Stimson, Atl. Mo., 80 : 605-619 ; 
Dole, Talks About Law, chapter 23 ; Labor Laws of the 
States, Second Special Report of the Commissioner of 
Labor, 1892 (Revised 1896) ; Inspection of Factories and 
Workshops in the United States, Bulletin of the Depart- 
ment of Labor, No. 12, September 1897 ; Protection of 
Workmen in their Employment, Bulletin of the Depart 
ment of Labor, No. 20, January 1900. 

8. Should the United States follow the example of Ger- 
many and other European countries in adopting compul- 
sory insurance for Avorkmen ? Fourth Special Report of 
the Commissioner of Labor, 1891. 



PABT II 

THE NATIONAL GOVERNMENT 



CHAPTER XII 

STEPS LEADING TO UNION 

A NOTABLE fact presents itself as we consider the re- 
lations of the colonies prior to the Revolutionary war. 
There was a general indifference towards union, and it 
was only by slow and arduous steps that union was 
finally accomplished. This may be partially accounted 
for, if it be ' recalled that the early settlements were 
usually found scattered along the coast, each with its 
own harbors and interior waterways. Lack of roads, 
together with the primitive methods of travel then in use, 
rendered extended inter-communication wellnigh im- 
possible. Besides, each colony had its own separate 
government, and different religious beliefs and practices 
tended to produce distrust and dislike among the 
colonists. There were, however, some strong bonds of 
sympathy. Their language and institutions were mainly 
English, and they were interested in the development of 
liberal government. Again, a community of interests 
was created in the necessity for protection against their 
Indian, French, and Dutch foes. In general, it may be 
said that confederation was early brought about through 
the need for defence, but union has been the fruit of long 
years of transformation and assimilation. 

113 



Steps Leading to Union 113 

The first definite step was taken toward union in 
1639, when representatives of the Connecticut towns — unionof 
Hartford, Windsor, and Wethersfield — met and adopted necticut 
a constitution characterized by Mr. Bryce as " the oldest '°^™®' ^^^^■ 
truly political constitution in America." 

In 1643 the four colonies — Massachusetts Bay, New 
Plymouth, Connecticut, and New Haven — entered into a 
league (" for mutual help and strength in all our future The New 
concernments ") known by the name of the United Col- confedera- 
onies of New England. This confederation was neces- 
sary, because the English government, then in the midst 
of the Puritan revolution, was unable to furnish the 
colonists protection against their Dutch, French, and 
Indian enemies. In the annual meetings of the commis- 
sioners, two being sent by each colony, questions per- 
taining to war, peace, and relations with the Indians were 
discussed. This central government possessed only ad- 
visory power over the colonies, and had no power what- 
ever over the individual citizens. The confederation 
was finally dissolved in 1684. 

During the intercolonial wars the colonists were in 
constant danger from attacks by the French and Ind- 
ians. The meeting at New York in 1690 of commis- Confedera- 
sioners from Massachusetts, Plymouth, Connecticut, and tween i690 
New York "to fix upon such methods as should be 
judged most suitable to provide for the general defence 
and security and for subduing the common enemy," was 
the first of about a dozen such intercolonial conferences. 
Through these meetings, and especially by the co-opera- 
tion of the forces of the various colonies in the army and 
the navy, social and religious prejudices were weakened 
and the sentiment for union was stimulated. In 1697 
William Penn presented to the Board of Trade a plan Penn's piau 

. of union, 

for the union of the colonies which, though not adopted, i697. 
is of interest, for it contained the first use of the word 



114 



Steps Leading to Union 



" Congress " in connection with American affairs. The 
plans presented for the fifty years following were largely 
fashioned after this model. 

The Lords of Trade, knowing that a general colonial 

war, caused by French aggression, was inevitable, 

directed that a Congress, consisting of delegates from 

The Albany all the colonies, should assemble at Albany for the pur- 

Congress, <• i • ./ x 

1T54. pose of makmg a treaty with the Iroquois Indians and 

considering other means of defence. The suggestion 
was made in America that the commissioners should also 
draw up some plan for colonial union. This Congress, 
consisting of twenty-five of the leading men from seven 
different colonies, was an important advance toward 
union. A treaty with the Indians was secured. The 
Congress then adopted unanimously the resolution that 
" A union of all the colonies is at present absolutely 
necessary for security and defence." A plan of union, 
drawn up by Benjamin Franklin and known as the Al- 
bany plan, was also adopted. This plan, which provided 
for the .permanent federation of all the colonies, not 
only failed to secure the ratification of a single colony, 
but also met the disapproval of the English government. 
Franklin said : " The assemblies all thought there was 
too much prerogative, and in England it was thought to 
have too much of the democratic." 

Stirred by the various acts of the English government 
and especially by the passage of the Stamp Act, the 
Massachusetts House of Representatives issued an invi- 
tation, to the other colonial assemblies, to send delegates 
to a general meeting. Nine colonies responded by 
sending twenty-eight men to the Congress which assem- 
bled in New York, October 7, 1765.* They were in 
session two weeks and during this time petitions to the 

* Virginia, New Hampshire, Georgia, and North Carolina sympathized 
with the movement but did not send delegates. 



The stamp 
Act Con- 
gresB, 1765. 



Steps Leading to Union 115 

English gOYemment and a declaration of rights ^ere 
formulated. This declaration is of importance in that 
it sets forth for the first time the united views of the 
colonists relative to questions which were to form the 
basis for revolution. The Congress declared the rights 
of the colonists to be the same as those of natural born 
subjects of England. It is notable that here again rep- 
i-esentatives had assembled on the motion of the colo- 
nists themselves. An advanced position was taken by 
Christopher Gadsden of South Carolina, who asserted : 
"There ought to be no New England man, no New 
Yorker, known on the continent ; but all of us Amer- 
icans." During the following year the Stamp Act was 
repealed. 

The policy of coercion was stUl continued by the Eng- 
lish government, and finally the repressive acts of 1774 
were passed. Again Massachusetts, June 17, 1774, 
under the leadership of Samuel Adams, called for a con- 
gress of all the colonies and hastened the meeting The first 
through its committee of coiTespondence. Delegates congress, 
from all of the colonies, with the exception of Georgia, 
assembled at Philadelphia, September 5, 1774. In this 
Congress, without legal status, its representatives having 
been chosen ordinarily by irregular congresses and con- 
ventions, there were again some of the most influential 
men in America. Resolutions were passed ajDproving 
the action of Massachusetts in her resistance to the 
measures of Parliament, and a Declaration of Rights was 
prepared. In this Declaration was asserted the right of 
exclusive legislation in the colonial legislatures, limited 
only by the negative of " their sovereign in all cases of 
taxation and internal polity." They insisted on the 
right of trial by jury, and protested against the keeping 
of a standing army in any colony without the consent of 
the legislature of that colonv. Certain acts were also 



1774. 



116 



Steps Leading to Union 



The second 
Continental 
Congress, 
1775. 



Organiza- 
tion of the 
Congress. 



Authority 
of the 
Congress. 



Powers 
exercised 
by Congress. 



enumerated whicli were to be revoked by Parliament 
before harmony could be restored. 

The resolutions of the first Continental Congress had 
little influence on the English government, and other 
measures were quickly passed carrying out the policy 
of repression. Before the second Continental Congress 
assembled, the battle of Lexington had been fought 
and the American forces were then holding Boston in a 
state of blockade. This Congress convened in Phila- 
delphia, May 10, 1775, and continued in session, with 
adjournments from time to time, until May 1, 1781. 

All of the colonies were represented, and nearly all of 
the delegates had been members of the first Continental 
Congress. The members sat behind closed doors and 
were enjoined to keep all matters of discussion abso- 
lutely secret. It was determined that each State should 
have one vote and that final authority on all questions 
should rest with a majority of the States assembled in 
the Congress. 

Like previous Congresses, this one was, at first, merely 
an advisory body. It was expected that all matters 
would be reported back to the States for instructions, 
but the crisis had come and the situation compelled 
Congress to exercise sovereign powers. 

Congress at once took control of military affairs and 
called Washington to the command of the army which 
it created. It provided for a national currency ; organ- 
ized a general post-office ; and threw open American 
ports to the ships of aU nations. It furthered union 
and independence by the appointment of a committee 
to formulate the ideas on independence then prevalent ; 
and of another committee to prepare the form of confed- 
eration to be entered into. Between May 10, 1775, and 
July 4, 1776, the change in sentiment was rapid. King 
George III. refused to return a formal answer to their 



Steps Leading to Union 117 

last petition and proclaimed the colonists "dangerous 
and ill-designing men." Heretofore, the colonists had 
striven for a union of thought and action, which they 
believed to be the best means to secure those rights The 
which were everywhere the heritage of Englishmen, ofindepend- 
When the result of the last petition became known, 
October 31, 1775, there was no longer any hesitancy 
with regard to the course to be pursued. Henceforth, 
they were to gather additional inspiration as they strove 
to secure rights regarded as common to all mankind. 
These new views were embodied in the Declaration of 
Independence. 

Even before the adoption of the Declaration of Inde- 
pendence, Congress recommended, having been appealed The coio- 
to for advice by New Hampshire, South Carolina, and state™^ 
Virginia, that new forms of government should be estab- 
lished. By the year 1777 ten States had framed new 
constitutions. 

The problem of the relations between the general 
government and the States was second in importance 
only to the problem of the winning of independence 
from England. The State legislatures were held in 
greater respect than was the Continental Congress. It 
became clear, then, to some of the leaders, that if union 
were to be preserved, it would be necessary to have a 
government more effective than a revolutionary assem- 
bly. As early as July 21, 1775, Franklin had seen the 
need and had presented to Congress a plan for "Per- 
petual Union." No action was taken by Congress, and 
it remained for Richard Henry Lee, the following year, 
to offer in connection with his resolution for independ- 
ence another resolution for the drafting of the Articles The Articles 
of Confederation. On June 12th, the day on which the ation" 
committee was appointed to draw up a Declaration of 
Independence, Congress also named a committee, con- 



118 



Steps Leading to Union 



Nature of 
the govern- 
-ment 
established. 



Defects in 
the govern- 
ment. 



sisting of one member from each colony, to prepare a 
form of confederation to be entered into between the 
colonies. The report of this committee was submitted 
one month later by its chairman, John Dickinson, of 
Delaware. A year and five months, a most momentous 
period in the history of our country, was to elapse be- 
fore the Articles, as amended, were adopted by Congress 
and submitted to the State legislatures for approval,* 
Three years and a half more elapsed before Maryland, 
the last State, ratified, March 1, 1781. 

The adoption of the Articles of Confederation marks 
one of the most important events in the history of the 
United States. While it must always be regarded as a 
weak instrument of government, we must not forget 
that the Continental Congress worked along entirely 
new lines, for never before had a confederation so ex- 
tended as this been even proposed. That there should 
be a general desire for union no matter how weak the 
tie, was of great significance. Heretofore, there had ex- 
isted the idea of union against England, but from now 
on questions of domestic importance were to be of chief 
interest. 

The weaknesses in the government were mainly these : 
Congress might make the laws but could not enforce 
them. There was no executive power to enforce and no 
judiciary to interpret the laws. No important resolu- 
tion could be passed in Congress without the votes of 
nine States, and the Articles could not be amended ex- 
cept by the votes of all the States. Congress acted on 
the States and not on individuals, but it had no power 
to coerce the States. "Its function was to advise, not 
to command." 

The fatal lack of organization in the government 
early produced momentous results. While the war 
* From July 11, 1776, to November 17, 1777. 



ment. 



Steps Leading to Union 119 

continued, union for self-preservation was necessary ; 
but wlien peace ensued, the principle of local self- Practical 
government in the States became more manifest. Wash- the govem- 
ington saw the trend of affairs, and in a circular letter 
to the governors of the several States, shortly before his 
resignation as commander of the army, expressed his 
views in the following words: "Unless the States will 
suffer Congress to exercise those prerogatives they are un- 
doubtedly invested with by the Constitution, everything 
must very rapidly tend to anarchy and confusion. . . . 
Whatever measures have a tendency to dissolve the 
Union or contribute to violate or lessen the sovereign 
authority ought to be considered hostile to the liberty 
and independence of America, and the authors of them 
treated accordingly." Had this appeal been appreciated 
by the States, the condition of anarchy which followed 
would not have occurred. But the jealousy of the 
States for the central government continued to increase ; 
the State interests became dominant, and that most 
dangerous period of our history, extending from 1783 
to 1788, well called the "critical period," succeeded. It 
was apparent that the government under the Articles 
of Confederation was a failure and that the Nation was 
drifting rapidly toward anarchy and open rebellion. 
Fortunately in this darkest hour there came forward 
Washington, Franklin, Hamilton, Madison, and other 
leaders who were prepared, if need be, to make compro- 
mises, but who were determined to preserve the ele- 
ments of union already secured. 



120 Steps Leading to Union 



Supplementary Questions and References. 

1. a. Wlio were the Lords of Trade, and what was their 

attitude toward the colonies ? 

b. Why was the spirit manifested by the colonial gov- 

ernors a cause for co-operation between the col- 
onies ? 

c. What were the two ideas of federation ? 

d. Why was Federal union hopeless? Fiske, Amer- 

ican Revolution, I, 1-6. 

2. What were the chief provisions of the Connecticut 
constitution ? Old South Leaflets, No. 8 ; Thwaites, The 
Colonies, 143, 143 ; Hart, American History Told by Con- 
temporaries, I, 415-419. 

3. a. Why were not the colonies of Rhode Island and 

Maine included in the New England confeder- 
acy ? Fiske, Begioniags of New England, 155- 
158. 

b. Read the Articles of Confederation of the United 

Colonies of New England. American History 

Leaflets, No. 7. 
1. Reasons for " consotiation. " 
3. In what way were the apportionments of men 
and expenses to be made ? 

3. The numbers, qualifications, and authority of 

the commissioners ? 

4. The significance of the provision relative to 

fugitives ? 

c. Reasons for the dissolution of the league ? Fiske, 

Beginnings of New England, 159. 

4. For a summary of the intercolonial conferences see 
Frothingham, Rise of the Republic, 118-130 ; American 
History Leaflets, No. 14. 

5. a. After reading the Albany Plan, give reasons for the 

statements made by Franklin. Old South Leaf- 
lets, No. 9. 
b. How were the members to be apportioned among 
the colonies ? 



Steps Leading to Union 121 

c. Give a list of the powers of the central goverrunent 
under this plan. Did it possess full power to 
make laws ? 

6. a. What was the character of the other acts to which 

the colonists objected ? Fiske, The American 
Revolution, I, 12-16. 
h. State the provisions of the Stamp Act and points 
connected with its enactment. Frothiagham, 
Rise of the Republic, 175, 176 ; American History 
Leaflets, No. 21. 

c. How was the Stamp Act regarded in the different 

colonies as shown by the addresses made, the 
resolutions offered, and the acts of opposition ? 
Fiske, The American Revolution, I, 16-20 ; 22-25 ; 
Hart, American History Told by Contempo- 
raries, II, 395-411 ; Tyler, Patrick Henry (Amer- 
ican Statesmen), chapters 5 and 6. 

d. Why were not all of the colonies represented? 

Fiske, The American Revolution, I, 21. 

e. Give the chief points connected with the debate on 

the repeal of the Stamp Act. Fiske, The Amer- 
ican Revolution, I, 27, 28 ; Hosmer, Samuel 
Adams (American Statesmen), chapter 6. 

7. What was the origin of the Committees of Corre- 
spondence and how did they aid in unification ? Sloane, 
The French War and the Revolution, 161, 162 ; Hart, For- 
mation of the Union, 57. 

8. How were the delegates to the Second Continental 
Congress appointed ? Wliat was the character of this Con- 
gress ? Hart, Formation of the Union, 73, 74 ; Fiske, The 
Critical Period of xlmerican History, 92, 93. 

9. a. Which of the colonies took the first decisive action 

with reference to independence ? 
h. Was the author of the Declaration of Independence 
especially fitted for his task ? 

c. Could the same results have been attained in a dif- 

ferent manner ? 

d. Analyze the Declaration of Independence and se- 

lect from it the causes for the Revolution. See 



122 Steps Leading to Union 

also Fiske, The American Revolution, I, 172- 
197. 

10. a. Why was the adoption of the Articles of Confed- 

eration so long delayed ? Hart, American 
History Told by Contemporaries, II, 539-543 ; 
Fiske, The Critical Period of American His- 
tory, 93-95 ; Walker, The Making of the Nation, 
6 ; Hart, Formation of the Union, 93-95. 
&. Read the Articles of Confederation. Old South 
Leaflets, No. 3 ; American History Leaflets, No. 
30. 

1. How was the Congress composed ? 

3. The number necessary for a quorum ? 

3. The powers of Congress ? 

4. Powers of the separate States ? 

c. Defects of the Confederation. The Federalist, Nos. 
31 and 33 ; Hart, American History Told by 
Contemporaries, II, 591-603. 

11. a. What was the attitude toward union during the 

period 1783-1788 ? 

h. Were there notable bonds of union even at this 
time ? What other influences have increased 
this sentiment ? Fiske, Critical Period of 
American History, 55-63 ; Walker, The Mak- 
ing of the Nation, 7, 8. 

e. Describe the character of the money of the period 
and its influence. Fiske, Critical Period of 
American History, 163-186. 



CHAPTER XIII 

THE CONSTITUTIONAL CONVENTION 

Among the many difficulties referred to in the preyious 
chapter, there were constant disputes between Virginia 
and Maryland relative to the navigation of the Potomac Events lead- 
River and of the Chesapeake Bay. Finally, in March, conetitu- 

1785, three commissioners from these States, on the convention, 
recommendation of Mr. Madison, met at Alexandria, Va., 

for the purpose of considering the difficulties. They 
soon adjourned to Mount Vernon. While there, Wash- 
ington proposed that they include in their report the 
recommendation that there should also be a uniform 
system of duties and a uniform currency. When the 
report was under consideration by the Maryland legis- 
lature, it was suggested that Pennsylvania and Delaware 
should be invited to send commissioners to join with 
those from Virginia and Maryland every second year in 
considering their commercial relations. In January, 

1786, the Virginia legislature agreed upon the resolu- 
tion prepared by Madison to the effect that delegates 
be appointed from all thirteen States to consider the 
condition of the trade of the Confederation and, if pos- 
sible, to provide for some uniform system for the regu- 
lation of commerce. It was agreed that the meeting 
should be held at Annapolis, September 11, 1786. 

There were present at Annapolis, on the appointed 
day, commissioners from Virginia, Delaware, Pennsyl- 
vania, New Jersey, and New York. Commissioners from 
some of the other States were on their way, but Mary- 

123 



124 Tlie Constitutional Convention 

land, G-eorgia, South Carolina, and Connecticut had 
The meet- appointed none. Nothing permanent could be accom- 
Annapoiis plished With SO few States represented ; but before ad- 
resuits. journing they agreed to a resolution framed by Alexander 
Hamilton which proposed a convention to be composed 
of commissioners from all the States to meet at Phila- 
delphia on the second Monday in May, 1787, for the pur- 
pose of amending the Articles of Confederation. Copies 
of this resolution were sent to aU of the States and also 
to Congress. Not until delegates had been appointed 
by six States did Congress practically approve of the 
plan by recommending to the States a convention iden- 
tical with the one already provided for by the Annapolis 
resolution. The remaining States, Rhode Island ex- 
cepted, soon aj)pointed delegates. 

The day fixed for the Convention was May 14th, but 
not until May 25, 1787, was there a quorum of delegates 
The Federal from seveu States present at Philadelphia. The number 
1787. ' of delegates to be sent by each State had not been speci- 
fied ; and in order that the States should have equal 
powers, one of the first standing rules adopted provided 
that the voting should be by States. Sixty-five dele- 
gates were appointed as members in this, one of the most 
memorable assembhes the world has ever known, but 
only fifty-five attended. Thii-ty-nine of the number were 
university men. With but few exceptions, the men who 
had been pai-ticulaiiy prominent in the days of the Eevo- 
lution were present. Among them were Washington, 
who was unanimously chosen President of the Conven- 
tion, and Franklin, whose fame as diplomat and legisla- 
tor was world-wide. Neither of these men took an 
active part in the debates, but their presence gave 
inspiration to the others and they had untold influence 
at critical times. 

On May 22d, while some of the delegates, in their fears 



The Constitutional Convention 125 

of displeasing the people, were recommending half-way 
measures, Washington gave expression to that sentiment 
which was to dominate in the future debates of the Con- Delegates in 
vention. He said : " It is too probable no plan we 
propose will be adopted. Perhaps another dreadful 
conflict is to be sustained. K to please the people, we 
offer what we ourselves disapprove, how can we after- 
wards defend our work? Let us raise a standard to 
which the wise and the honest can repair ; the event is 
in the hand of God." Other signers of the Declaration 
of Independence present besides Frankhn were Roger 
Sherman, of Connecticut ; George Read, of Delaware ; 
Elbridge Gerry, of Massachusetts ; Robert Morris, of 
Pennsylvania ; and Chancellor Wythe, of Virginia. Vir- 
ginia also sent George Mason, Edmund Randolph, and 
James Madison ; Massachusetts, Caleb Strong, Nathaniel 
Gorham, and Ruf us King. Pennsylvania sent John Dick- 
inson, who reported the Articles of Confederation to 
Congress ; James Wilson, the great jurist, and Gouver- 
neur Morris, " whose correctness of language " led him 
to be selected to prepare the final draft of the constitu- 
tion ; and Connecticut, Oliver Ellsworth, one of the 
greatest lawyers of the day, who afterward became Chief- 
Justice, and William S. Johnson, who became President 
of Columbia College. Among the other more notable 
members were Alexander Hamilton, of New York ; Gov- 
ernor William Patterson, of New Jersey ; Luther Mar- 
tin, of Maryland ; and the two Pinckneys and John Rut- 
ledge, from South Carolina. 

John Adams and Thomas Jefferson were then in Eu- Notable 
rope, and Samuel Adams, Patrick Henry, and Richard Resent. 
Henry Lee disapproved of the Convention. 

The ConventioD lasted from May 25 to September 17, 1787. The 
members sat behind closed doors, and the charge of secrecy with 
regard to the proceedings was placed on them. The official jour- 



126 



The Constitutional Convention 



Our knowl- 
edge of the 
Convention. 



Madison's 
Journal. 50. 



nal was entrusted to Washington, who deposited it in the public 
archiTes in 1796, It was published in 1819 as a part of volume one 
of Elliot's Debates. "We can gather little from the journal with re- 
gard to what was actually said by the members, but fortunately 
Mr. Madison, with an appreciation of the consequences of the 
Convention, decided to give as nearly as possible an exact report 
of the proceedings. He wrote : " Nor was I unaware of the value 
of such a contribution to the fund of materials for the history of a 
Constitution on which would be staked the happiness of a people 
great even in its infancy, and possibly the cause of liberty through- 
out the world." These notes were purchased by the government 
from Mrs. Madison in 1837 for f 30,000, and published for the first 
time in 1839. 



Flans and 
compro- 



The Vir- 
ginia Plan. 



The magnitude of tlie labor of the Constitutional Con- 
vention can be understood only as we read in Madison's 
Journal the report of the discussions. The actual work 
of the Convention was begun on May 30th, when it went 
into committee of the whole for the purpose of consid- 
ering a series of fifteen resolutions which had been pre- 
sented the day before by Governor Edmund Kandolph, 
of Virginia. The plan of government set forth in them, 
known as the Virginia Plan, was largely the work of Mr, 
Madison. It was considered until June 13th, and after 
certain amendments had been adopted was reported 
back favorably to the Convention. Among the most im- 
portant measures finally submitted were provisions that 
a National government should be formed possessing 
supreme legislative, executive, and judicial powers ; 
that the legislative power should be vested in a Con- 
gress of two separate houses — a House of Delegates 
to be chosen by the people of the States, and a Senate 
to be elected by the House of Delegates ; that the 
representation in both houses should be based on 
population or on contributions to the support of the 
government ; and that the executive should be chosen 
by both houses of Congress, and the judiciary by the 



The Constitutional Convention 127 

Senate. This scheme had been fiercely attacked in 
the committee by the delegates from the smaller States, 
who desired to maintain equality of State represen- 
tation. It was clear that if the plan proposed were 
adopted the government would pass into the hands of 
the large States. 

Frustrated in their desires, the small States agreed 
upon a series of eleven resolutions, known as the 
New Jersey Plan, which were presented by Mr. Patter- The New 
son of that State on June 15th. They provided for a Plan, 
continuance of the government under the Articles of 
Confederation, which were to be revised in such a man- 
ner as to give to Congress the power to regulate com- 
merce, to raise revenue, and to coerce the States. This 
plan had been agreed upon among the members from 
Connecticut, New York, New Jersey, Delaware, and 
Luther Martin, of Maryland. The New Hampshire 
delegates had not yet arrived. Connecticut and New 
York were against a departure from the principle of 
confederation, wishing rather to add a few new powers 
to Congress than to substitute a National govern- 
ment. "New Jersev and Delaware were opposed to Madison 

1 . , , ^ ^ . T T Papers, n. 

a National government because its patrons considered ses. 
a proportional representation of the States as the basis 
for it." 

On the same day that Governor Randolph presented the Virginia 

Plan, Charles Pinckney, of South Carolina, presented a series of The 

PincknGV 
resolutions founded on similar principles. They were referred for resolutions. 

debate at the same time as those of Mr. Randolph, but received 

little attention. 

On June 18, in the midst of the crisis as to whether a national 

or a federal government should be established, Mr. Hamilton made Hamilton's 

his celebrated speech in opposition to both plans. Sometimes 

wrongly called Hamilton's Plan, it was probably intended only to 

give a more correct view of his ideas and to outline the amendments 

he i proposed to offer at suitable times in the discussion. 



128 The Constitutional Oonventiorl 

For three days the contest waxed hot over the 

merits and defects of these plans. It was asserted 

The Vir- by those who opposed the Virginia Plan that it would 

giniaw. the ., . « ■, n. 

New Jersey destroy the sovereignty of the States. They believed 
also that they did not possess the power to create such 
a government. Said Mr. Patterson : " I came here not 
to speak my own sentiments but the sentiments of 
those who sent me. Our object is not such a govern- 
ment as may be best in itself, but such a one as our con- 
stituents have authorized us to prepare and as they will 
approve." To this sentiment Mr. Eandolph replied : 
" When the salvation of the Kepublic is at stake, it 
would be treason not to propose what we find neces- 
sary." Finally the arguments of Madison, Wilson, and 
King triumphed and the Virginia Plan was again com- 
mended to the Convention. The debates became even 
more heated than before, as resolution after resolution 
was taken up. The critical time came when the clause 
which provided for proportional representation was 
reached. Mr. Luther Martin contended with great 
vehemence, " That the States, being equal, cannot treat 
or confederate so as to give up an equality of votes 
without giving up their liberty ; that the propositions 
on the table are a system of slavery for ten States ; 
that as Virginia, Massachusetts, and Pennsylvania have 
forty-two ninetieths of the votes, they can do as they 
please, without a miraculous union of the other ten." 
Others claimed they would rather submit to a foreign 
power than be deprived of equality of suffrage in both 
branches of the legislature. The Convention was on 
the verge of dissolution when Mr. Johnson, of Con- 
TheCon- necticut, brought forward a compromise based on the 
compro- different methods by which members of the two houses 
were chosen in that State. This provided that the 
House of Representatives should be composed of mem- 



The Constitutional Convention 129 

bers elected on the basis of population, while, in the 
Senate, large and small States were to be equally repre- 
sented. Finally, after eleven more days of discussion, 
this, the first great compromise, was adopted. 

The adoption of the compromise was virtually a 
victory for the Virginia Plan. When the smaller 
States were given an equal vote in the Senate, they 
no longer feared that they would be absorbed, so they 
united with the larger States in giving yet greater 
powers to the general government. 

Connecticut, New Jersey, Delaware, Maryland, and Votes on 
North Carolina voted for the compromise. Pennsyl- promise. 
vania, Virginia, South Carolina, and Georgia were op- 
posed. The vote of Massachusetts was divided and 
lost. Yates and Lansing of New York left the Con- 
vention the day the compromise was favorably re- 
ported by the committee of detail, and Hamilton also 
went home for a short time. 

How the number of Representatives was to be deter- 
mined was another serious problem. It was agreed 
that all free persons should be counted. There was 
little obiection offered to counting those persons bound The second, 

*' , orthree- 

to service for a term of years and to the excluding fifths com- 

T)T0 Tni S6 

of Indians not taxed. The chief debate arose over the 
question whether the slaves should be included in the 
enumeration. The South Carolina delegates main- 
tained that slaves were a part of the population, and 
as such should be counted. Objections were made 
that slaves were not represented in the legislatures of 
that and other States, and, in consequence, ought not 
to be represented in the National legislature ; also, that 
they were regarded in those States merely as property, 
and as such should not be represented. There was 
grave danger that the work of the Convention would 
fail at this point. Finally, Mr. Madison brought for- 



130 The Constitutional Convention 

ward a compromise to the effect that slaves were to be 
represented as "other persons," five of whom should be 
equal to three free persons. Another clause was in- 
serted for the purpose of reconciling the non-slave- 
holding States to this provision : that " direct taxes 
should be apportioned in the same manner as Eepre- 
sentatives." 

The third great compromise also grew out of the 
question of slavery. South Carolina and Georgia were 
desirous that the slave trade should be continued. This 
was opposed by the Northern States and by some of the 
The third Southern. On the other hand, New England members 
m^e^'°' especially, becaiise of their interest in commerce, feared 
the results which would ensue if each State was allowed 
to be independent in commercial matters. They wanted 
the general government to have complete control of 
commerce. But this was resisted by some of the 
Southern delegates, who thought that, by some act of 
legislation, the trade in slaves might be prohibited. 
Finally a compromise was agreed upon which gave Con- 
gress power over commerce but forbade any act which 
might prohibit the importation of slaves prior to 1808. 
It was also agreed that a tax of ten dollars each might 
be laid on all slaves imported. 

While the Constitution may be said to be made up of a 
Influence of Series of compromises, these three settled, for the time, the 
Sfsee?™^"^" questions which were most vital, and rendered the further 
work of the Convention possible. It has been sometimes 
asserted that there should have been no half-way meas- 
ures on slavery ; that had the question of slavery been 
settled at that time there need not have been a Civil 
"War. But, as already noted, without compromises the 
work of the Convention must have failed, and politi- 
cal anarchy would have been inevitable, the results of 
which would have been even more disastrous than the 



Tlie Constitutional Convention 131 

effects of that terrible period of warfare between 1861 
and 1865. 

On September 10th, a draft of the Constitution was 
submitted to a committee of five for revision. The ques- a second 
tion arose as to the advisability of calling another conven- proposed. 
tion, but this received the negative vote of every State. 

The final draft of the Constitution, prepared by Gouv- 
emeur Morris, was then submitted to the delegates 
for their signatui-es. Thirty- nine members, represent- signers of 
ing eleven States, af&xed their names to the document, tation. 
and on September 17th, the Convention adjourned. * 
While the last signatures were being written, Franklin 
said to those standing near him as he called attention to 
a sun blazoned on the back of the President's chair : " I 
have, often and often, in the course of the session, and Madison's 
the vicissitudes of my hopes and fears as to its issue, T63. 
looked at that behind the President, without being able 
to tell whether it was rising or setting ; but now, at 
length, I have the happiness to know that it is a rising 
and not a setting sun." 

The Constitution was first submitted to Congress 
September 20th, and the following day it became known 
to the people through the New York daily papers. For Eatmcation 
eight days the document was attacked by its opponents constitu- 
in Congress, but finally it was transmitted to the State 
legislatures to be sent by them to State conventions 
chosen by the people. This process of ratification was 
provided for by Ai'ticle VII of the Constitution, as 
follows : 

The ratification of the conventions of nine States shall be Article vn. 
sufficient for the establishment of this Constitution between 
the States so ratifying the same. 

The period included between September 28, 1787, 
when Congress unanimously resolved to transmit the 
* See Appendix A. 



132 The Constitutional Convention 

Constitution to tlie State legislatures, and June 21, 
1788, the date wlien it had been ratified by the neces- 
sary nine States, was one of the most critical in our 
history. Everywhere the Constitution was violently 
attacked. Political parties in a truly national sense 
were formed for the first time. Those who supported 
the Constitution called themselves Federalists, and those 
opposed anti-Federalists. In general, the opponents of 
the Constitution desired more extensive powers for the 
States and were to be found largely among the rural 
population and debtor classes. Its advocates were the 
men of wealth and the inhabitants of the manufactur- 
ing and commercial centres. Among the leaders who 
ably defended the views of the opposition were Rich- 
ard Henry Lee, Elbridge Gerry, George Clinton, and 
Patrick Henry. It was urged that the President would 
become a despot, the House of Representatives a corpo- 
rate tyrant, and the Senate an oligarchy ; that equality 
of representation in the Senate was an injustice to the 
large States ; and that there was no Bill of Rights. 
The views of the Federalists are well presented in a let- 
ter written by Washington, on his return from the Con- 
vention, to Patrick Henry, in which he says : " I wish the 
Constitution which is offered had been more perfect ; but 
it is the best that could be obtained at this time, and a 
door is open for amendments hereafter. The political 
concerns of this country are suspended by a thread. 
The Convention has been looked up to by the reflecting 
part of the community with a solicitude which is hardly 
to be conceived, and if nothing had been agreed on by 
that body, anarchy would soon have ensued, the seeds 
being deeply sown in every soil." 

Political letters, tracts, and pamphlets were common. 
The most noted articles in opposition were the " Letters 
from the Federal Farmer," prepared for the press of the 



The Constitutional Convention 133 

country by Eichard Henry Lee. No influence was 
more noteworthy in bringing about ratification than 
the series of political essays afterward collected under 
the name of "The Federalist." They present the cause The 
with such logic that to-day they are considered the best 
commentary on the Constitution ever wiitten. Alex- 
ander Hamilton inaugurated the plan and wrote 51 of 
the 85 numbers. James Madison wi'ote 29 and John 
Jay 5. 

December 6, 1787, the ratification of the Constitution 
was secured in Delaware, the first State, without a dis- 
senting vote, and Pennsylvania, New Jersey, Georgia, TheConsti- 
and Connecticut quickly followed. Much depended on the st^ 
the action of the Massachusetts convention. After pro- dons^^' 
longed debate the delegates were induced to accept the 
proposition that amendments might be made which 
would take the place of a Bill of Eights, and adopted 
the Constitution by a vote of 187 to 168. The ratifica- 
tion of Maryland and South Carolina soon followed, and 
the ninth State was secured by the ratification of New 
Hampshire, June 21, 1788. Virginia ratified, June 25th, 
with a vote of 89 in favor and 79 opposed, and New 
York, July 26th, with 30 affirmative votes and 27 nega- 
tive. It was not until November 21, 1789, that North 
Carolina voted to accept the Constitution, while Ehode 
Island held out until May 29, 1790. 

^Yhen the ratification of the ninth State had been 
secui'ed, Congress appointed a special committee to 
frame an act for putting the Constitution into operation. The new 
It was enacted that the first Wednesday in January puti™™ 
should be the day for appointing electors ; that the elec- °^^^^ 
tors should cast theii" votes for President on the first 
Wednesday in Februaiy, and that on the first Wednes- 
day of March the new government should go into opera- 
tion. It was not until April 1st that a quorum was 



134 The Constitutional Convention 

secured in the House of Eepresentatives, and in the 
Senate not until April 6tb. The electoral votes * were 
counted in the presence of the two houses on April 6th. 
The inauguration of President Washington did not take 
place, however, until April 30th. 

Having considered some of the problems of the Con- 
vention and those connected with the adoption of the 
Constitution, we next inquire as to the origin of this 
epoch-making document. The often-quoted words of 
Mr. Gladstone, which have no doubt been misinterpreted, 
have been used to strengthen the view that the Constitu- 
Origin of tion was the creation of the Convention. He said : "As 
tution. the British Constitution is the most subtle organism 

which has proceeded from progressive history, so the 
American Constitution is the most wonderful work ever 
struck off at a given time by the brain and purpose of 
man." Was our Constitution largely a "version of the 
English Constitution," as Sir Henry Maine called it ? An 
analysis of the Constitution shows that there are some 
provisions which are new and that English precedent 
has had an influence, but that the main features were 
derived from the constitutions of the States. Many of 
the delegates of the Constitutional Convention had 
helped to frame these State constitutions, and all were 
familiar with their practical workings. Thus, the Con- 
vention was "led astray by no theories of what might 
be good, but clave closely to what experience had dem- 
onstrated to be good." f The following familiar state- 
ment is an excellent summary : " Nearly every provision 
of the Federal Constitution that has worked well is one 
borrowed from or suggested by some State constitu- 
tion ; nearly every provision that has worked badly is 

* New York did not choose electors, and North Carolina and Rhode 
Island had not ratified the Constitution, 
t James Russell Lowell, address of April 13, 1888. 



The Constitutional Convention 



135 



one which the Convention, for want of a precedent, was 
obliged to devise for itself." 

With the exceptions of the constitutions of Pennsylvania and of 
Vermont, all of the- State constitutions, in 1787, provided for legis- 
latures of two houses. The term " Senate " was used to designate the 
upper house in Maryland, Massachusetts, New York, North Caro- 
lina, New Hampshire, South Carolina, and Virginia; and "House 
of Representatives " was commonly used for the lower house. The 
constitution of Delaware provided for the election of one-third of 
the senators every two years, and the New York constitution made 
provision for taking a census once in seven years for the purpose of 
apportioning the Representatives. As already noted, Connecticut 
furnished the example for equal representation of the States in the 
Senate and for proportional representation in the House of Repre- 
sentatives. In nearly all of the State constitutions, each House 
was given the power to decide the election of its members, make 
rules, publish a journal, and adjourn from day to day. " All bills for 
raising revenue must originate in the House " is found almost word 
for word in the Massachusetts and New Hampshire constitutions. 
The powers of President and Vice-President resemble closely those 
granted the governor and lieutenant-governor. Other important 
provisions were, no doubt, derived from the State constitutions, 
such as the process of impeachment, the veto power, the first ten 
amendments, and the President's message. 

Professor Alexander Johnston, in the article the substance of 
which has just been given, states that while a judicial system 
existed as a part of the State governments, the " great achievement 
of the Convention was the erection of the judiciary into a position 
as a co-ordinate branch of the government. " He says also that 
" the process of electing the President is almost the only feature 
not a natural growth." 



Influence of 
the State 
constitu- 
tions. 

New Prince- 
ton Eeview, 
IV, 175. 



New 
features 
of the 
Constitu- 
tion. 



It was evidently the intention of the framers of the Authority 
Constitution to found a government deriving its author- poses'Stbe 
ity from the people rather than from the States. The tion. 
purposes for which this was done are set forth in the fol- 
lowing enacting clause, commonly called the preamble : 

" We, the people of the United States, in order to form The 



a more perfect union, establish Justice, insure domestic 



preamble. 



136 The Constitutional Convention 

tranquillity, provide for the common defense, promote the 
general welfare, and secure the blessings of liberty to our- 
selves and our posterity, do ordain and establish this Consti- 
tution for the United States of America." 

This clause was attacked vigorously by the opponents 
of the Constitution, and especially in the Virginia and 
the North Carolina conventions. Said Patrick Henry : 
" And here I would make this inquiry of those worthy 
characters who composed a part of the late Federal Con- 
vention. ... I have the highest veneration for those 
gentlemen ; but sir, give me leave to demand, what right 
had they to say We the people ? . . . Who author- 
ized them to speak the language of. We the people, in- 
stead of, We the States ? If the States be not the 
agents of this compact, it must be one great, consoli- 
dated. National government, of the people of all the 
States." It was argued, on the other hand, by Ran- 
dolph, Madison, and others, that the government under 
the Articles of Confederation was a failure and that the 
only safe course to pursue was to have a government 
emanating from the people instead of from the States, 
if the union of the States and the preservation of the 
liberties of the people were to be preserved. 



Supplementary Questions and References. 

1. Why was Annapolis selected as the place of meeting 
Madison, Journal of the Constitutional Convention, 37. 

2. For an account of Hamilton's resolution and its origin, 
see Madison's Journal, 37-41. 

3. Was the calling of a convention to remodel the articles 
a new idea ? Madison's Journal, 43-45. 

4. Why did Congress, at first, object to the Hamilton 
resolution ? Piske, Critical Period of American History, 
217 ; Bancroft, History of the United States, VI, 19ft. 



T%e Constitutional Convention 137 

5. Wliat events led Congress to change its views ? Madi- 
son's Journal, 45-48 ; Fiske, Critical Period, 218-222 ; 
Schouler, History of the United States, I, 34-39 ; Bancroft, 
History of the United States, VI, 199-200. 

6. State the problems connected with the appointment 
of delegates in some of the States. McMaster, History of 
the People of the United States, I, 390-399. 

7. a. For an account of the members of the Convention, 

see Hart, American History told by Contempo- 
raries, III, 205-211. 
h. For the contributions of the individuals and the 
classes of delegates, see Walker, The Making of 
the Nation, 23-27 ; Fiske, Critical Period, 224- 
229 ; McMaster, I, 418-423. 

8. Why did not Hamilton take a prominent part in the" 
debate before June 18th ? Give the chief points in his ad- 
dress of that date. Madison's Journal, 175-187. 

9. What were the significant points made by Madison in 
his speech of June 19th? Madison's Journal, 187-196. 

10. Why did the New York delegates leave the Con- 
vention ? Bancroft, VI, 259-260 ; Fiske, Critical Period, 
254. 

11. What was the attitude of the various members of 
the Convention toward the Constitution ? Who refused 

■ to sign ? Their reasons ? Bancroft, VI, 364-367. 

12. Discuss the peculiar conditions in Massachusetts. 
Give the arguments presented. Bancroft, VI, 395 ; Schou- 
ler, I, 66-69 ; Walker, 56-57 ; Fiske, Critical Period, 316- 
331. 

13. How was the Constitution regarded in Virginia? 
Bancroft, VI, 426-436 ; Walker, 58, 60 ; Schouler, I, 70-75 ; 
Fiske, Critical Period, 334-338. 

14. In what way did Virginia influence New York ? 
What was the attitude of the New York Convention tow- 
ard the Constitution? Bancroft, VI, 455-460 ; Walker, 60, 
61 ; Schouler, I, 76, 77 ; Fiske, Critical Period, 340-345. 

15. a. What objections were offered against the Consti- 

tution in North Carolina? Hart, American 
History told by Contemporaries, III, 251-254. 



138 Tlie Constitutional Convention 

b . What would have been the status of North Caro- 
lina and of Rhode Island if they had not rati- 
fied? Walker, 73, 74 ; Hart, Formation of the 
Union, 133, 133. 
16. For a good account of the first Presidential election 
and the inauguration of the new government, see Fiske, 
Critical Period, 346-350 ; Schouler, I, 74-86. 



CHAPTEK XIV 
ORGANIZATION OF THE LEGISLATIVE DEPARTMENT 



A Congress 
of two 
hoases. 



All legislative poicers herein granted shall he vested in a Article i, 

&6CtJ.011 1 

Congress of the United States ichich shall consist of a Sen- 
ate and House of Representatives. 

In the Constitutional ConTention Pennsylvania was 
the only State which objected to the resolution that a 
legislative body consisting of two houses should be 
formed. The single house of the Confederation was re- 
garded as a failure. It was believed that one house 
would form a check upon the other, and that there 
would thus be less danger of hasty and oppressive 
legislation. As already noted, the bi-cameral system 
existed in all of the States, Pennsylvania and Georgia 
excepted, and the names Senate and House of Repre- 
sentatives were also in common usage. 

It is somewhat diflBcult for Americans to remember that mem- 
bers of Congress, although elected by the people or by the State 
legislatures, are not, in consequence, compelled to receive in- Eesponsi- 
structions from their constituents. Each member is supposed to members of 
use his own best judgment on any question, and, like a member of Congress. 
the English House of Commons, ask : "What is for the good of 
the Nation ? " Personal views are frequently sacrificed, however, 
for party interests. 

Judge Cooley says on this question : 

" Their own immediate constituents have no more right than the 
rest of the Nation to address them through the press, to appeal to 
them by petition, or to have their local interests considered by 
them in legislation. They bring with them their knowledge of 

139 



140 Organization of the Legislative Department 

local wants, sentiments, and opinions, and may enlighten Congress 
respecting these and thereby aid all members to act wisely in mat- 
ters which affect the whole country ; but the moral obligation to 
consider the interest of one part of the country as much as that of 
another, and to legislate with a view to the best interests of all, is 
obligatory upon every member, and no one can be relieved from 
this obligation by instructions from any source." * 



Section 2, 
clause 1. 
Term of 
members 
and quali- 
fications of 
electors. 



A Con- 



Representa- 
tives elected 
by the 
people. 



The House of Representatives shall be composed of mem- 
bers chosen every second year by the people of the several 
States, and the electors in each State shall have the qualifi- 
cations requisite for electors of the most numerous branch 
of the State Legislature. 

Members of the House of Representatives are chosen 
for a term of two years, which period also determines 
the length of a Congress. This election is held, in all 
but three of the States,f on the first Tuesday in Novem- 
ber of even-numbered years, and the term begins legally 
on March 4th succeeding the time of the election. \ Ex- 
cept in the case of a special session, the term does not 
really begin until the first Monday of the following De- 
cember, thirteen months after the election. 

When the Constitution was framed, some of the State 
constitutions required a higher qualification in voters 
for the upper house of their legislatures than in voters 
for the lower house. With the object of making the 
House of Representatives the more popular branch, it 
was decided to grant the right of voting for a Repre- 
sentative to any person who might be privileged to 
vote for a member of the lower house of the legislat- 
ure of his State. The one limitation upon the freedom 

* Cooley, Principles of Constitutional Law, 41, 43. 

+ Oregon holds its election on the first Monday in June ; Vermont on 
the first Tuesday in September ; and Maine on the second Monday in 
September. 

X The first Congress extended legally from March 4, 1789, to March 4, 
1791. 



tives. 



Organization of the Legislative Department 141 

of a State to determine what these qualifications are, 
is given in Amendment XV : 

The right of citizens of the United States to vote shall not Amendment 
be denied or abridged by the United States or by any 
State on account of race, color, or previous condition of 
servitude. 

This amendment was proposed by Congress in Feb- 
mary, 1869, and was declared in force March 30, 1870. 
It was intended to grant more complete political rights 
to the negroes recently declared, by Amendment XIV, 
to be citizens. 

No jperson shall he a Bex^resentative ivho shall not have section 2, 
attained to the age of twenty-five years, and been seven Quaiifica- 
years a citizen of the United States, and who shall not Repre°enta- 
lohen elected be an inhabitant of that State in which he 
shall be chosen. 

A great diversity of qualifications for members of 
the State legislatures existed in the various State con- 
stitutions. With such differences of opinion, it was 
agreed to make the positive qualifications for members 
of the National legislature few and simple. They pertain 
to age, citizenship, and inhabitancy, and the opinion 
prevails that the States may not add others. It has 
been the belief in the United States that an inhabitant 
of a State has a deeper concern for the interests and 
represents the people of his State more completely 
than a stranger. Hence, a Representative is not only 
required to be an inhabitant of the State, but custom 
has decreed that he must also be an actual resident of 
the district which he represents. 

May the House refuse to admit a person duly elected and pos- 
sessing the constitutional qualifications ? This question arose in 
the 56th Congress in the case of Brigham Roberts, of Utah. As 
the evidence seemed to indicate that he was living in polygamy, 
thus violating State and National law, he was excluded. 



142 Organization of the Legislative Department 



Apportion- 
ment of 
Representa- 
tives. 



Amend- 
ment XIV, 
Section 2. 



Section 2, Amendment XIV, which became a part of 
the Constitution July 28, 1868, contains the rule of 
apportionment which is now in operation. 

It declares that : 

Bepresentatives shall be apportioned among the several 
States according to their respective numbers, counting the 
tvhole number of persons in each State, excluding Indians 
not taxed. But when the right to vote at any election for 
the choice of electors for President and Vice-President of 
the United States, Bepresentatives in Congress, the executive 
and judicial officers of a State, or the members of the 
Legislature thereof, is denied to any of the male inhabitants 
of such State, being twenty-one years of age, and citizens 
of the United States, or in any tvay abridged, except for 
participation in rebellion or other crime, the basis of repre- 
sentation therein shall be reduced in the proportion which 
the number of such male citizens shcdl bear to the tvhole 
number of male citizens twenty-one years of age in such 
State. 

When the amendment was proposed, the negroes had 
been granted the right of suffrage in only a few States, 
and Congress believed that rather than have the number 
of their Representatives reduced the other States would 
also be willing to grant them complete political rights. 
Tennessee was the only Southern State which ratified 
the amendment, but since Amendment XV became a 
part of the Constitution before the next apportionment 
of Eepresentatives was made, this section was not put 
into practical operation. Each State may still deter- 
mine for itself who has the right to vote within its 
limits.* Some of the States require a property qualifi- 
cation, and others, as Connecticut, Massachusetts, North 
Carolina, and Mississippi, require an educational qualifi- 
cation for voters. In Louisiana and South Carolina the 

* See p. 48. 



Organization of the Legislative Department 143 

voter must either be able to read and write or possess 
property valued at three hundred dollars. It is claimed 
that the object in making these recent amendments to 
the constitutions of some of the States has been to 
curtail the negro vote rather than to exclude all 
illiterate voters. Thus, the North Carolina and Louis- 
iana constitutions provide that "no male person who 
was, on January 1, 1867, or at any time prior thereto, 
entitled to vote under the laws of any State in the 
United States wherein he then resided, and no Hneal 
descendant of any such person, shall be denied the right 
to register and vote at any election in this State by 
reason of his failui-e to possess the educational qualifi- 
cations prescribed." It is estimated that some 500,000 
negroes wiU be disfranchised by these and similar con- 
stitutional amendments, and the question has arisen, 
should not section 2 of Amendment XIV be en- 
forced ? 

The original method of apportionment was as follows : Article i, 
Eepresentatiies and direct taxes shall he apportioned clauses.' 
among the several States ichich may he included ivithin this memodof 
Unioi, according to tJieir respective numbers, which shall menT*^°^ 
he determined hy adding to the ivhole number of free per- 
sons, including .those bound to service for a term of years, 
and excluding Indians not taxed, three-fifths of all other per- 
sons. Tlie actual enumeration shall be made.icithin three 
years after the first meeting of the Congress of the United 
States, and within every subsequent term, of ten years, in 
such manner as they shall hy laiv direct. TJie number oj 
Bepresentatives shall not exceed one for every thirty thou- 
sand, hut each State shall have at least one Hepresentative ; 
and until such enumeration shall be made, the State of New 
Hampshire shall he entitled to choose three, Massachusetts 
eight, Ehode Island and Providence Plantations one, Con- 
necticut five, Neio York six, JSfeiv Jersey four, Pennsyl- 



Census. 



14A Organization of the Legislative Department 

vania eight, Delaware one, Maryland six, Virginia ten, 
North Carolina Jive, South Carolina five, and Georgia 
three. 

The three-fifths rule was rendered void by the adop- 
tion of Amendment XIII, which abolished slavery. 
There were then no longer the " other persons." That 
part of the clause providing for the laying of direct 
taxes is still in force. Eeally the Southern States were 
favored. In practical operation, while their direct taxes 
were increased, these were imposed only on five occa- 
sions, and the States of the South secured a large in- 
crease of Kepresentatives. The Indians "not taxed" 
doubtless refers to those Indians who still maintain 
their tribal relations or live on the reservations. Their 
number, according to the census of 1900, was 134,158. 
The A careful enumeration of the population of the United 

States had not been made in 1787. In order to carry 
out this provision of the Constitution, the first census 
was taken in 1790 and there has been one every ten 
years since that time. The taking of the census and the 
compilation and publication of the statistics connected 
with it are under the supervision of the Director of the 
Census. The four principal reports in the twelfth census 
will be those on population,* mortality, manufactures, 
and agriculture. Work on this census was begun June 
1, 1900, and these reports must be issued by July 1, 
1902. It is remarkable that Congress should have ex- 
pected the performance in twenty-five months of a task 
which has heretofore required from seven to nine years. 
The work has been greatly aided by the provision of a 
building to be used for this purpose exclusively, the 
first in the history of this or of any other nation. Over 
50,000 enumerators, 2,500 clerks, and 2,000 special 

* This shows the total population of the United States to be 76,303,387, 
■which is an increase of 21 per cent, in ten years. — Census Bulletin, No. 
65, June, 1901. 



Organization of the Legislative Department 145 

agents were required to take the twelfth census, and 
its cost is estimated at about ^16,000,000. 

According to the original method of apportionment, the number The ratio 
of Representatires was not to exceed one for every 30,000 people, gen^^^ 
and the House contained 65 members. "Various methods were 
used in ascertaining the ratio of representation after each census 
until 1870, when the present system was employed for the first 
time. "We may understand this method through a consideration of 
the apportionment made in 1891, which determined the number of 
Representatives prior to March 4, 1903, The total population of 
the United States in 1890 was 62,622,250. From this number a 
committee of the House of Representatives subtracted the popula- 
tion of the District of Columbia and of the territories, leaving 
61,908,906. This number was then divided by 332, the number of 
members in the House of Representatives during the preceding 
decade, and by the numbers successively up to 375. The popula- 
tion of each of the several States was, at the same time, divided by 
the resulting quotients. After the various trials, a number was 
found which would secure each State against any loss in its mem- 
bership, and would in no case leave a major fraction unrepresented. 
Such a number was found to be 356, and it gave a ratio of 173,901. 
The number of members according to an even division of the total 
population, after the subtraction of the population of the Terri- 
tories, by 173,901 would have been 339. The 17 additional mem- 
bers were secured by giving another member to each of the States 
having a major fraction unrepresented. 

The Representatives of States coming into the Union 
after the apportionment is made are always additional Members 
to the number provided for by law. Thus Utah was states, 
admitted in 1896, and the House, after that date, con- 
tained 357 Representatives. 

The House of Representatives, after March 4, 1903, 
according to the reapportionment act of January 12, Apportion- 
1901, will contain 386 members as a minimum, the ratio Soi. ° 
being one Representative to 194,182 of the population. 
An effort was made to keep the number at 357, but no 
ratio could be found which would enable this to be done 



146 Oy^ganization of the Legislative Department 



One 

Represent- 
ative for 
each State. 



Territorial 
delegates. 



Section 2, 
clause 4. 



Vacancies. 



Section 2, 
clause 5. 



without taking from some of the States one or more of 
their present Representatives. Arkansas, California, 
Colorado, Connecticut, Florida, Louisiana, Massachu- 
setts, Mississippi, Missouri, North Carolina, North 
Dakota, Washington, West Virginia, and Wisconsin 
gain one Representative each ; Minnesota, New Jersey, 
and Pennsylvania gain two each, and Illinois, New York, 
and Texas each gain three. 

The number of members in the English House of 
Commons is 670 ; in the French Chamber of Deputies, 
584 ; and in the German Reichstag, 396. 

The Constitution provides that each State shall have 
at least one Representative. Otherwise the States of 
Delaware, Idaho, Nevada, and Wyoming, each having a 
smaller population than the ratio adopted in 1901, would 
not be represented. 

The organized Territories are each entitled to send to 
the House of Representatives a delegate, who is allowed 
to speak on any question, but not to vote. 

When vacancies happen in the representation from any 
State, the executive authority thereof shall issue writs of elec- 
tion to fill such vacancies. 

When a vacancy occurs in the representation from 
any State on account of death, expulsion, or for other 
cause, it is made the duty of the Governor of the State 
in which the vacancy exists to call for a special election 
in that district to choose a Representative for the re- 
mainder of the term. 

The House of Bepresentatives shall choose their Speaker 
and other officers, and shall have the sole poiver of impeach- 
ment. 

The Speaker is always a member of the House.* The 
other officers are the Clerk, Sergeant-at-arms, Door- 

*For an account of the Speaker and his power in legislation, see 
pp. 175-177. 



Organization of the Legislative Department 147 

keeper. Postmaster, and Chaplain, none of •vrlioni is a 
member of the House. The Clerk calls the House to oflBcers 
order at the first meeting of each Congress, and acts as HoTise. 
the presiding officer until a Speaker is elected. He 
keeps the record of all questions of order that arise, 
certifies to the passage of bills, and has charge of the 
printing of the House Joiu-nal. The Sergeant-at-arms 
sees that good order is preserved. 

The Senate of the United States shall be composed of two Sections, 

clause 1. 

Senators from each State, chosen hy the legislature thereof 
for six years ; and each Senator shall have one vote. 

This clause constitutes a part of the celebrated com- 
promise bet^veen the large and the small States. There 
was also great dirersity of opinion -with regard to the 
number of members in the Senate and theu- apportion- ' 
ment among the several States. After equality of rep- 
resentation in this body was decided upon, there still Number, 
remained the question as to the number from each and term 
State. TVere there to be three or two ? Finally two, the senators, 
smallest number of Eepresentatives to which a State 
was entitled under the Confederation, was adopted.* 
Unlike the delegates in the Continental Congress, the 
Senators do not vote by States. The two Senators from 
a State may and often do vote on opposite sides of a 
question. Other questions arose such as : Were the 
Senators to be chosen by the legislatiu-e of each State ; 
by the people of the States ; or by the House of Repre- 
sentatives either directly or from candidates nominated 
by the State legislatures ? The reasons for the unani- 
mous adoption of the first plan seems to have been that 
it would connect the State governments more closely 
with the National government, and that the powers of 
the States would not be unduly encroached upon by the 

* The Senate now contains ninety members ; the English Honse of 
Lords 560, and the French Senate 300. 



Section 3, 
clause 2. 
ClaBses of 
Senators. 



14:8 Organization of the Legislative Department 

general government. Alexander Hamilton was in favor 
of choosing Senators for life or during good behavior. 
Terms of nine years, of seven years, of six years, of five 
years, of four years, and of three years were also pro- 
posed. Six years was thought to be most satisfactory, 
for it would secure permanence of governmental policy 
and responsibility in the Senators, and at the same time 
guard against the dangers of a life tenure in which de- 
sirable changes would be too much resisted. 

The modifications introduced by the next clause 
seem to have been intended to provide against any 
permanent combination among the members. 

Immediately after they shall be assembled in consequence 
of the first election, they shall be divided, as equally as may 
be, into three classes. The seats of the Senators of the first 
class shall be vacated at the expiration of the second year ; 
of the second class, at the expiration of the fourth year ; and 
of the third class, at the expiration of the sixth year; so that 
one-third may be chosen every second year, and if vacancies 
happen by resignation or otherwise, during the recess of the 
legislature of any State, the executive thereof may make 
temporary appointments until the next meeting of the legis- 
lature, which shall then fill such vacancies. 

According to this provision, at the first session of the 
first Congress, the Senators were divided into three 
classes. Senators from the same State are always 
placed in separate classes, and the Senators from a new 
State are assigned in such a manner as to preserve the 
classification. The classes they are to enter is deter- 
mined between them by lot drawn in the presence of the 
Senate. Thus, the Senators from Utah were assigned to 
the two and the four year classes, and neither of them 
served the full term of six years. 

A Senator appointed by the Governor of a State dur- 
ing the recess of the State legislature holds the office 



Organization of the Legislative Department 149 

until the next meeting of the legislature, or, in case that 
body fails to elect his successor, untH the end of the 
session of the legislatiire. 

If, after a Senator's term expires, the legislature, fails to elect if tte 

his successor, the question arises, May the Governor fill the racancy dws not^° 

by appointment ? In several instances the Senate has decided elect a 

, . -, ,,,... , .... Senator, 

against this proceaure, and the decision m another case m April, 

1900, -would seem to indicate that it proposes to carry out the 
precedent. 

The State legislature of Pennsylvania, after seventy-nine bal- 
lots, failed to elect a Senator. Although the vacancy had not oc- 
curred during the recess of the State legislature, Matthew S. Quay, 
one of the candidates, was appointed Senator by the Governor. 
The Senate decided by a vote of 33 to 32 that Mr. Quay should not 
be seated. 

No person shall be a Senator ivho shall not have attained Section 3. 
to the age of thirty years, andheen nine years a citizen of Qnaiifica- 
the United States, and ivho shall not, ivhen elected, he an in- senators. 
habitant of that State from which he shall be chosen. 

After calling attention to the differences in quali- 
fications between Ke^^resentatives and Senators, the 
" Federalist " says : " The propriety of these distinctions 
is explained by the nature of the senatorial trust, which, 
requiring greater extent of information and stability of 
charactei', requii-es at the same time, that the Senator 
should have reached a period of life most likely to supply 
these advantages ; and which, participating immediately 
in transactions with f oreign.nations, ought to be exercised 
by none, who are not thoroughly weaned from the pre- 
possessions and habits incident to foreign birth and 
education." Albert Gallatin, of Pennsylvania, elected 
to the Senate in 1798, and James Shields, of Illinois, 
elected in 1819, were declared to be disqualified because 
of inadequate citizenship. The Senate has always been 
composed of men who were older than the Representa- 
tives, and, on the whole, possessed of greater dignity 



150 Organization of the Legislative Department 



Section 3, 
clause 4. 
President 
of the 
Senate. 



Section 3, 
clause 5. 



Other 
olHcers 
of the 
Senate. 



The 

President 
pro tempore. 



and learning, so that tlie Senate has a reputation second 
to that of no other legislative body in the world. Not- 
withstanding its reputation, the presence of numerous 
millionnaires in the Senate in recent years has caused 
unfavorable comment. The Senate is also by tradition 
more conservative in action than the House, but on 
several occasions it has seemed to be the more radical 
body. For these reasons, the question is often asked, 
"Is the Senate degenerating?" Such a question is 
always in order in a republic concerning any institution 
or office. 

The Vice-President of the United States shall be Presi- 
dent of the Senate, but shall have no vote unless they be 
equally divided. 

TJie Senate shall choose their other officers, and also a 
President pro tempore, in the absence of the Vice-President, 
or when he shall exercise the office of President of the 
United States. 

The officers of the Senate are President, Secretary, 
Chief Clerk, Sergeant-at-arms, Chaplain, Postmaster, 
Librarian, and Doorkeeper, none of whom is a member of 
the Senate. The Vice-President of the United States is 
President of the Senate, but has no vote " unless they 
are equally divided." He cannot take part in the debates 
nor appoint the Senate committees. These committees, 
as well as the other officers, are chosen by the Senate. 
Their duties are similar to those of the corresponding 
positions in the House. 

It is desirable, in the absence of the Vice-President, 
that the Senate shall have a presiding officer, and so at 
the opening of the session that body chooses from its 
own members a President pro tempore. He may vote 
on any question, but cannot cast the deciding vote in 
case of a tie. 

The Vice-President takes the oath of office when he is 



Organization of the Legislative Department 151 

inaugurated. On the first day of tlie session he admin- Oath of 
isters the oath of office to the new Senators, who swear 
to support the Constitution and the laws of the United 
States. 

The times, places and manner of Jiolding elections for Section 4, 
Senators and JRepresentatives shall be prescribed in each Power of 
State by the legislature thereof; but the Congress may at over the 

J • 7 7 7 7 , 7 7 • elections of 

any time, by law, make or alter such regulations, except as Senators 
to the place of choosing Senators. sentativc^s. 

The reasons for delegating to Congress the privilege 
of exercising absolute power relative to the regulation 
of elections, is stated by Story as follows: "Nothing story, On 

1 --linn, 1- • the Consti- 

can be more evident than that an exclusive power m tation, i, 
the State legislatures to regiilate elections for the 
National government would leave the existence of the 
Union entirely at their mercy. They could at any time 
annihilate it by neglecting to provide for the choice of 
persons to administer its affaii's." 

Congress did not exercise its authority in the elec- Election of 
tion of Senators prior to 1866. Many disturbances had 
arisen between the houses of the legislattires over the 
mode of election, and an act of that year provided for 
the present uniform system as follows : The legislature 
chosen next before the expii-ation of the term of a 
Senator shall proceed to elect his successor on the sec- 
ond Tuesday after its organization. On that day each 
house must vote separately by a viva voce vote and enter 
the result on its journal. The two houses are required 
to meet in joint assembly at 12 m. the following day, when 
the results are read. If the same person has received a 
majority of the votes in both houses, he is elected. If 
no person have such majority, the joint assembly must 
take a viva voce -vote and the person receiving a majority 
of such votes is elected, providing a majority of all the 
members elected to both houses are present and voting. 



Senators. 



152 Organization of the Legislative Department 

Should there still be no election, the joint assembly must 
meet at noon on each succeeding day and take at least 
one vote until a Senator shall have been chosen. The 
procedure is the same in the case of a vacancy which has 
occurred before the legislature has assembled. When 
the vacancy happens during the session of the legislat- 
ure, it must proceed in the same way the second Tues- 
day after receiving notice of the vacancy. The Govern- 
or of the State is required to certify the election, under 
the seal of the State, to the President of the Senate of 
the United States. This certificate must also be coun- 
tersigned by the Secretary of State of that State. 

In 1901 the members of the Nebraska legislature voted for three 
months before they were able to elect a United States Senator. 
There were Senatorial deadlocks also in the legislatures of Mon- 
tana, Oregon, and Delaware, those in the first two States being 
broken in the last hours of the sessions. The deadlock was main- 
tained in Delaware until the legislature adjourned, and this State 
was again left with but one representative in the Senate. For a 
like reason Delaware had only one Senator for the four years 
previous to this time. Charges were made in some of the States 
that bribes were offered to individual members of the legislatures. 
Because of these and other abuses the question of electing Senators 
by popular vote has been considerably agitated in recent years, and 
twenty-seven of the State legislatures have gone on record in favor 
of the reform. 

A resolution providing for an amendment to the Constitution 
which would secure this result was passed by the House in the 
Fifty-fourth Congress but failed in the Senate. It again passed the 
House almost unanimously in the Fifty-fifth Congress, but again 
failed in the Senate. The House vote on the same question in the 
first session of the Fifty-sixth Congress was 240 in favor, 15 op- 
posed, but the Senate " reported adversely." 

Time and The time for the election of Representatives has been 

^ooBhig^ prescribed by Congress to be the first Tuesday after the 

Sives^^'^*^" fii'st Monday in November of the even-numbered years. 

The Constitution provides that they shall be elected by 



Organization of the Legislative Department 153 

the people. For many years there was variation in the 
practice of States, some electing their Representatives 
by districts, others at large. Since 1842 Congress has 
required the district plan. But a State receiving an 
additional Representative, by a new apportionment, may 
elect him at large until the State is re-districted. 

The process of districting the States is under the 
control of the State legislatui-es, and is usually per- 
formed during the first session after a new apportion- 
ment has been made, although some States are re-dis- Ee-district- 

iiifir tli6 

tricted more frequently. The only restrictions placed states. 
upon the legislatures are those contained in a Con- 
gressional act of Februaiy 2, 1872, which provides that 
the districts shall be composed of contiguous territory 
and contain, as nearly as practicable, an equal number 
of inhabitants. 

The desire to secure party advantage has often led to 
the manipulation of district lines in a most objection- "Gerry- 
able and unfair manner. "SVe have good examples of ing." 
this method in the re-districting of several States after 
the census of 1890.* Thus, portions of a State contain- 
ing large numbers of voters of the opposing party were 
annexed to a district which could not be carried by the 
party having a State majority. Or at times territory, 
consisting either of one or more counties or a portion 
thereof, which had voters that could be spared by the 
majority party in one district was united with some 
other district where the majority of their adversaries 
could thus be offset. Territory is regarded as con- 
tiguous when it touches another portion of the district 
at one point. As a consequence, peculiarly constructed 
districts are to be found in several States, the most 
notable being the " shoe-string district " of Mississippi, 

* Congressional Directory, 1893, 2d session of the 52d Congress, 
149-206. 



154 Organization of the Legislative Department 

which is 250 miles long and but twenty miles broad ; 
the " dumb-bell district " of Pennsylvania, and the 
" monkey-wrench " district of Iowa. When the Kepre- 
sentative districts of a State have been in this manner 
the objects of political manoeuvring or when a similar 
system has been used in forming State legislative or 
judicial districts, the State is said to have been " gerry- 
mandered." * 



Origin of 
"Gerry- 
mander." 
Bryce, 
American 
Common- 
wealth, I, 
121, 



Section 4, 
clause 2. 



The meet- 
ing and 
organiza- 
tion of 
Congress. 



The origin of the expression is described in the following : "So 
called from Elbridge Gerry, a leading Democratic politician in 
Massachusetts (a member of the Constitutional Convention of 
1787, and in 1812 elected Vice-President of the United States), 
who, when Massachusetts was being re-districted, contrived a 
scheme which gave one of the districts a shape like that of a lizard. 
A noted artist entering the room of an editor who had a map of the 
new districts hanging on the wall over his desk, observed, ' Why, 
this district looks like a salamander,' and put in the claws and 
eyes of the creature with his pencil. ' Say rather a Gerrymander,' 
replied the editor, and the name stuck." 

The Congress shall assemble at least once in every year, 
and such meeting shall be on the first Monday in Decem- 
ber, unless they shall by law appoint a different day. 

The first Monday in December of each second year is 
a notable day in "Washington, for the formal opening of 
a new Congress brings thousands of visitors to the city. 
In the House of Eepresentatives the organization must 
proceed as if the body had not met before. To the 
Clerk of the preceding House are intrusted the creden- 
tials of the members, and from these he makes out a 
list of the members who are shown to be regularly 
elected. At the hour of assembly he calls the roll 
from this list, announces whether or not a quorum is 
present, and states that the first business is to elect a 
Speaker. After his election the Speaker takes the oath 

* City wards have also been " gerrymandered." 



Organization of the Legislative Department 155 

of office, which is administered by the member who has 
had the longest service in the House. The Speaker 
then administers the oath to the members by States. 
The election of the Chief Clerk and the other officers fol- 
lows, after which the House is said to be organized. 

The Senate is a " continuing body " and no formal or- 
ganization is necessary. At the opening of a new Con- 
gress the Vice-President calls the body to order and the 
other officers resume their duties. After the President 
pro tempore has been chosen, the newly elected members 
are escorted to the desk in groups of four and the oath 
is administered by the President of the Senate. Each 
house, when organized, notifies the other of the fact 
and a joint committee of the houses is appointed to 
wait upon the President and inform him that quorums 
are present and are ready to receive any communication 
he may desire to send. 

Each Congress has two regular sessions. The first Sessions of 

^ ^ Congress. 

is called the " long session," for its length is not deter- 
mined by a definite date of adjournment. It usually 
lasts until mid-summer and may not extend beyond the 
first Monday in December, the time fixed for the begin- 
ning of the next session. The second, or " short ses- 
sion," cannot extend beyond 12 m., March 4th, the time 
set for a new Congress to begin. The President may 
convene Congress in special session. 

SUPPIiEMENTART QUESTIONS AJTD RSFEREIfCES. 

1. a. What is the number of the present Congress ? 

Grive the times for the beginning and end of each 

session. 
b. For a discussion on the time when Congress should 

convene, see N. Am. Rev., 164: 374^376; Atl. 

Mo., 77: 98-103. 
3. a. Should a person be granted the right of suffrage 

before he is naturalized ? 



156 Organization of the Legislative Department 

b. In the States which have woman suffrage may 
women vote for Representatives ? 

3. It is not required by law that a Representative should 
reside in the district that he represents, but it is an estab- 
lished custom. What are its advantages and its disadvan- 
tages ? Compare with the English practice. Bryce, 
American Commonwealth, I, chapter 19. 

4. What is the meaning and the significance of the 
following statement? "The system of district represen- 
tation has gone far to make legislation a series of com- 
promises between the interests of the various parts con- 
cerned, rather than an attempt to meet the needs of the 
whole. ' ' 

5. a. Do you favor an educational qualification for 

voters ? 

b. Were the States mentioned on p. 142 justified in 

the enactment of their suffrage laws ? 

c. Should section 2, Amendment XIV, be enforced ? 

Rev. of R's, 22 : 273-275 ; 653, 654 ; Forum, 31 : 
225-230 ; N. Am. Eev., 168 : 285-296 ; 170 : 785- 
801. 

6. What are the points of likeness and of difference be- 
tween the House of Representatives and the House of Com- 
mons? N. Am. Rev., 158 : 257-267 ; 170 : 78-86. 

7. How large is your Congressional district ? Compare 
its area with that of other districts in your State. What 
is its population ? Compare this with the ratio of appor- 
tionment ; also with the population of other districts in 
your State. Compare the number of votes cast for Rep- 
resentative in your district with the number cast in dis- 
tricts of other States in different sections of the country. 
How do you account for the variations ? See New York 

World Almanac. 

8. a. Grive the number of Representatives to which your 

State is entitled. Was the number increased in 
the last apportionment ? 
b. Some interesting facts connected with the appor- 
tionment of 1891 are given in the Forum, 30 : 
568-577. 



Organization of the Legislative Department 157 

c. For "gerrymandering," effects, and remedy, see 
Forum, 9 : 538-551 ; 12 : 691-697 ; Atl. Mo., 69 : 
678-682 ; Rev. of R's, 6 : 541-544. 

9. a. For accounts of the method by which a census is 

taken, see American Census Methods, Forum, 
30 : 109-119 ; Merriman, Census of 1900, jST. Am. 
Rev., 170 : 99-108. 
h. What were the results of the census of 1900 ; pres- 
ent population ; distribution of the population ; 
and growth during the century ? Rev. of R's, 
22 : 650-653. 

10. Who are some of the best known Representatives and 
Senators ? For what reasons is each noted ? 

11. Who are the Senators from your State? When was 
each elected ? 

12. Give the names of the Speaker, and of the President 
pro tempore. 

13. Has the Senate degenerated ? Forum, 23 : 129-144 ; 
23 : 271-281 ; Century Mag., 48 : 374-379 ; 54 : 632-633. 

14. Should Senators be elected by the votes of the 
people? Forum, 18 : 270-278 ; 21 : 885-397 ; Atl. Mo., 68 : 
227-232 ; Bryce, American Commonwealth, I, chapter 12 ; 
Federalist, No. 62. 

15. Ought there to be an amendment to the Constitution 
providing for uniform qualifications for suffrage ? 



CHAPTEK XV 



POWERS AND DUTIES OF THE SEPARATE HOUSES 



I. Impeachment. 



Article I, 
eection 2, 
clause 5. 



Section 3, 
clause 6. 



Article II, The President, Vice-President and all civil officers of the 

United States, shall be removed from office on impeachment 
for, and conviction of, treason, briber^/, or other high crimes 
and misdemeanors. 

The House of Representatives shall . . . have the 
sole power of impeachment. 

The Senate shall have the sole power to try all impeach- 
ments. WJien sitting for that purpose, they shall be on oath 
or affirmation. WJien the President of the United States is 
tried, the Chief Justice shall preside ; and no person shall 
he convicted without the concurrence of two-thirds of the 
members present. 

Judgment in cases of impeachment shall not extend 
further than to removal from office and disqualification to 
hold and enjoy any office of honor, trust or profit under the 
United States ; hut the party convicted shall nevertheless he 
liable and subject to indictment, trial, judgment, and punish- 
ment according to law. 

The term "civil officers" is here used in distinction 
from military and naval officers, vrho are tried for 
Whomaybe offences by courts-martial. Members of Congress may 
not be impeached. It has been determined that they 
are subject only to the rules of the house of which 
they are members. 

"What constitutes high crimes and misdemeanors has 
never been accurately defined, but they are understood 

158 



Section 3, 
clause 7. 



Poivers and Duties of the Separate Houses 159 

to be those offences of an official nature which the ordi- 
nary courts of law cannot reach ; such as, abuse of 
power, acceptance of bribes, or intemperance. 

The House of Representatives has the sole power to 
prefer charges of impeachment. These take the place 
of the indictment in the ordinary criminal trial. The The method 

of trial. 

Senate has the sole power to try all impeachments. The 
Chief Justice of the United States must preside in the 
trial of the President, while in ordinary trials the pre- 
siding officer is the Vice-President or the President pro 
tempore. The manner of conducting the trial resembles 
that of a trial by jury. Each Senator is sworn to be 
impartial in his decision; managers from the House 
present the charges at the bar of the Senate ; the ac- 
cused may answer in person or through his counsel ; 
and witnesses are examined. When all the evidence has 
been submitted, the Senate deliberates on the case in 
secret session. In order that impeachment may not be 
used for party purposes, it is provided that there shall 
be no conviction except by a two-thirds vote. During 
the progress of the trial, the officer impeached is per- 
mitted to perform his regular duties. 

No action can be taken by the Senate other than to 
remove the convicted official from office and to disqualify 
him from holding any office under the United States. 
If the offence upon which the conviction is secured is judgment 
one punishable by law, the person is liable to a regular tion.'^°^^" 
trial in the courts. The President may not grant a 
pardon in cases of impeachment. 

Largely because of the cumbersome method of proced- 
ure, the number of impeachment trials has been small. 
These have been the following : Senator William Blount impeach- 
in 1799 ; Judge John Pickering of the United States '^^^t'^^^^- 
Supreme Court in 1803 ; Judge Samuel Chase of the 
United States Supreme Court in 1804 ; Judge James H. 



160 Powers and Duties of the Separate Houses 

Peck of the Federal District Court in 1830 ; Judge W. 
H. Humphries of the United States District Court in 
1862 ; President Andrew Johnson in 1868 ; and Sec- 
retary of War W. W. Belknap in 1876. Judge Hum- 
phries was the only one convicted. 



Section 5, 
clause 1. 
Determina- 
tion ot 
member- 
ship and 
quorums. 



Contested 
seats in the 
Senate. 



II. The Quorum, Journal, and Freedom of Speech. 

Each house shall be the judge of the elections, returns, 
and qualifications of its own members, and a majority of 
each shall constitute a quorum to do business ; but a smaller 
number may adjourn from day to day, and may be author- 
ized to compel the attendance of absent m,embers, in such 
manner and under such penalties as each house may pro- 
vide. 

It is obvious that the power to judge of the elections, 
returns, and qualifications of members of a legislative 
body, must exist somewhere. This right could not be 
better placed than in the houses constituting the legis- 
lative body, for by the exei'cise of this right the inde- 
pendence and purity of the individual houses are pre- 
served. 

In the Senate the question raised in a contest usually 
applies to whether a Senator has been duly elected. It 
has been held by the Senate that to deprive a member 
of his seat for bribery or corruption in the course of his 
election, it must be shown that he was personally guilty 
of corrupt practices, that the corruption took place 
with his sanction, or that a number of votes sufficient 
to affect the result were corruptly changed. As an in- 
stance, Mr. Clark of Montana was refused a seat in the 
Senate during the first session of the 56th Congress, be- 
cause it was proved that he had secured his election by 
bribing members of the State legislature. 

In the House the name of the person possessing the 



Poicers and Duties of the Separate Houses 161 

certificate of election signed by the Governor of his State 
is entered on the roll of the House, but the seat may 
still be contested. Many cases of contested elections are contests in 
considered by each new house. There were thirty-two 
seats contested in the 54th Congress. Such cases are 
referred to the Committee of Elections, which hears the 
testimony, and presents it to the House for final decision. 
Each of the cases when presented to the House con- 
sumes from two to five days which might otherwise be 
used for the purposes of legislation. The law provides 
that not more than ^2.000 shall be paid either of the 
contestants for expenses, but even then, it is esti- 
mated, these contests cost the government^, all told, 
$40,000 annually. AMien the decision is rendered by 
the House, the vote is, in most cases, strictly on party 
lines, regardless of the testimony. In view of these 
facts, it has been suggested that the Supreme Court 
decide all contested elections. 

Many disputes have arisen over the question whether 
the majority necessary to constitute a quorum means a 
majority of the total number possible to be elected to what con- 
each house or a majority of those who are actually mem- quorum. 
bers, not counting vacancies. The latter view seems 
to be most in favor. When the House of Representa- 
tives is in committee of the whole, 100 members are 
required to make a quorum. If it appears upon the 
count of the Speaker or the roll-call of the House that a 
majority is not present, business must be suspended 
until a quorum is secured. Fifteen members, including 
the Speaker, may be authorized to compel the attend- 
ance of absent members. This is accomplished as fol- 
lows : the doors of the House are closed, the roll is 
called, and absentees noted. The Sergeant-at-arms, 
when directed by the majority of those present, sends 
for, arrests, and brings into the House those members 



162 Poiuers and Duties of the Separate Houses 



Section 5, 
clause 2. 
Kules and 
discipline. 



Section 5, 
clause 3. 
The Jour- 
nal. 



Senate 
Journal. 



who have not a sufficient excuse for absence. When a 
quorum * is secured the business is resumed. 

Each house may determine the rules of its proceedings, 
punish its members for disorderly behavior, and, with the 
concurrence of two-thirds, expel a member. 

The right to make its own rules is usually intrusted 
to every assembly, and this pow^er should be vested in 
the houses of the National legislature. But rules would 
be without value unless there were some means of 
punishment provided for those who disregard them. It 
is also desirable that, in extreme cases, there should be 
some method of redress. The two-thirds vote necessary 
to expel a member seems wise in order that expulsion 
may not be easily used in the interest of a faction or of 
a political party. 

Each house shall keep a journal of its proceedings and 
from time to time publish the same, excepting such parts as 
may in their judgment require secrecy ; and the yeas and 
nays of the members of either house on any question shall, 
at the desire of one-fifth of those present, be entered on the 
journal. 

By means of the Journal, read at the opening of each 
day's session, the official record of the proceedings of 
Congress is made known to the public. The debates do 
not appear in the Journal, but are published each day 
in the " Congressional Record." 

Eule IV of the Senate with reference to the Journal 
is as follows : "The proceedings of the Senate shall be 
briefly and accurately entered on the Journal. Mes- 
sages of the President in full, titles of bills and joint 
resolutions, and such parts as shall be affected by pro- 
posed amendments ; every vote, and a brief statement 
of the contents of each petition, memorial, or paper 
presented to the Senate shall be entered." 

* For the power of the Speaker in counting a quorum, see p. 176. 



Poivers and Duties of the Separate Houses 163 

Anotlier means of keeping constituents informed on 
the position of their Representatives is through the re- 
cording in the Journal of the vote of each member upon 
the demand of one-fifth of those present. In voting by 
the "yeas and nays," the Clerk calls the roll of members The yeas 
and places after each name, "yea," "nay," "not voting," 
or " absent." The Senate rules specify this as the only 
method of voting. (Other methods of voting are indi- 
cated on p. 170.) 

Neither house, during the session of Congress, shall, sections, 
without the consent of the other, adjourn for more than three Power to 
days, nor to any other place than that in which the two ^ ■'°'"^' 
houses shall be sitting. 

Without such a provision it would be possible for 
either house, by adjourning, to block effectually all leg- 
islation. The following form of concurrent resolution 
is usually adopted at such times: "Resolved by the 
House of Representatives, the Senate concurring, that 

when the two Houses adjourn on , the day of 

, they stand adjourned until 12 o'clock meridian 

on -, the day of ." If there is a disagreement 

between the two houses with respect to the time of ad- 
journment, the President may adjourn them to such a 
time as he thinks proper. He is also authorized by law 
to convene Congress at some other place than Washing- 
ton, in case of the existence there of contagious disease 
or of any other conditions which would place life or 
health in jeopardy. 

The Senators and Bepresentatives shall receive a com- sections, 
pensation for their services to he ascertained by law, and compen- 
paid out of the treasury of the United States. They shall freedom" 
in all cases, except treason, felony, and breach of the 
peace, be privileged from arrest during their attendance 
at the session of their respective houses, and going to and 
returning from the same ; and for any speech or debate 



from arrest. 



164: Powers and Duties of the Separate Houses 



Salaries 
paid Sena- 
tors and 
Represent- 
atives. 



Privilege 
from arrest. 



in either House, they shall not he questioned in any other 
^lace. 

The question, ought compensation to be given mem- 
bers of legislative assemblies or should their services 
be regarded as honorary? gave rise to a heated dis- 
cussion in the Constitutional Convention. Members of 
the State legislatures were receiving salaries, but mem- 
bers of\ the English Parliament were not. Finally, the 
American practice prevailed, for it was thought that 
men of ability, though poor, might thus be enabled to 
enter the National legislature and that the position 
might be made more attractive than that of a member 
of a State legislature. 

The compensation of Senators and Representatives from 1789 to 
1815 was six dollars per day and thirty cents for every mile 
travelled, by the most direct route, in going to and returning from 
the seat of government. Prior to 1873, this amount was changed 
several times by act of Congress. The compensation then agreed 
upon and still paid is $5,000 per year, with mileage of twenty 
cents, and $125 per annum for stationery. The Speaker receives 
$8,000 a year and mileage. The President pro tempoo-e receives 
the same amount while acting as president of the Senate. 

To many $5,000 seems a large salary, but the great expense of 
living in Washington, especially if the Congressman and his family 
take part in the social life of the capital, renders the salary quite 
inadequate. Members have been known to pay more than their 
salaries for house-rent alone. Many members make a financial 
sacrifice in accepting a seat in Congress. 

As already noted, a member of Congress may be pun- 
ished for an offence by the house to which he belongs. 
It is manifest that he should be free from arrest, ex- 
cept in case of treason, felony, and breach of the peace ; 
otherwise his district might, sometimes under false 
charges, be deprived of representation, and National 
legislation be interrupted. 

Freedom of speech is quite as important in a repre- 



Powers and Duties of the Separate Houses 165 

sentative government as freedom of person. This privi- Freedom 
lege extends to all utterances used in the course of leg- 
islation. Since all Congressional debates are published, 
it is held to apply to them also. 

No Senator or Bej^resentative shall, during the time for section 6, 
which he tvas elected, he apiiointed to any civil office under Disq^aiifi- 
the authority of the United States which shall have been hoTd other 
created, or the emoluments whereof shall have been increased, ^ *^^^' 
during such time ; and no 2^erson holding any office under 
the United States shall be a member of either house dur- 
ing his continuance in office. 

The purpose of this provision, which was discussed at 
considerable length in the Constitutional Convention, 
seems to have been to remove the temptation on the 
part of Congressmen to create ofl&ces or to increase the 
emoluments of those already existing in order to profit 
by such legislation. It was also thought necessary to 
guard against bargaining. The President, in order to 
secure certain legislation, might agree to appoint to 
offices thus created Congressmen who aided him. 

The exclusion of United States officials from seats in 
Congress was due to the desire of appeasing State 
jealousy, which asserted that the National government 
would secure an undue influence over the State govern- 
ments. It is advocated, with good reason, that mem- 
bers of the Cabinet should be privileged to take part in 
the discussion of measures in Congress which pertain 
to their own departments. Alexander Hamilton asked 
for this privilege, but it was refused because of the 
fears of his influence. The precedent thus established 
has always been retained. But since executive officers 
are often invited to present their views before com- 
mittees of Congress, they may exert great influence 
upon legislation. 



CHAPTER XVI 

PROCEDURE IN CONGRESS 

The first step in the enactment of a law is the intro- 
duction of a bill. In the House of Eepresentatives this 
is done simply by giving the bill, indorsed with the 
name of the member introducing it, to the Speaker ; 
generally it is laid on the Speaker's desk.* The title 
of the bill is recorded and the Speaker refers it to a 
committee. 

FORM OF A BILL 



56th Congbbss 
1st Session 

H. R. 6071 
[Keport No. 3T6.] 
In the House of Representatives 
Jan. 12, 1900. 
Mr. Loud introduced the following bill, which was re- 
ferred to the Committee on Post-Offices and Post-Roads 
and ordered to be printed. 

Feb. 19, 1900. 
Reported with amendments, referred to the House 
Calendar, and ordered to be printed. 



A BILL 
To amend the postal laws relating to second-class mail 
matter. 

1 Be it enacted by the Senate and House of Repre- 

2 sentatives of the United States in Congress assembled, 

3 That mailable matter of the second class shall embrace 



* Private bills, however, are given to the Clerk of the House, 
166 



Procedure in Congress 167 

The introduction and reference of a bill do not neces- 
sarily take place during a session of the House, and the 
bUl will not come before the House for its consideration 
until the committee reports it back. 

Before proceeding further with the history of a bill 
we must notice a most important feature of Congres- 
sional machinery — namely, the committee system. Al- The 
most every deliberative body finds it convenient to in- system. 
trust certain parts of its business to committees. When 
the assembly is large, and especially when the mass of 
business is great, committees are absolutely necessary. 
After a committee has given consideration to any mat- 
ter in its charge, it submits to the main body a report 
recommending whatever course of action it deems wise. 
The assembly may either adopt or reject this report. 
In Congress many thousands of bills are introduced in a 
single session. By far the greatest part of the work of 
Congress, therefore, must be done in committees. In 
the House, standing committees are appointed by the 
Speaker at the beginning of each Congress ; to these all 
bills must be referred. The chairman of each com- 
mittee and a majority of its members are selected from 
the party to which the Speaker belongs. 

In the long session of the 56th Congress 12,152 bills were intro- 
duced in both houses; 1,215 of these became laws. Of these, 283 
were public acts and 932 private acts. There were 137 working 
days in this session, which lasted from December 4, 1899, to June 
7, 1900. In this Congress, the Rules of the House provided for 55 
standing committees, varying in membership from 5 to 17. Among 
the most important standing committees of the House are the fol- 
lowing : Ways and Means (the most important because it has 
charge of bills for raising revenues), Appropriations, Banking and 
Currency, Foreign Affairs, Military Affairs. The number of com- 
mittees in the Senate is not much less than the number in the 
House. The names of a few are : Finance (corresponding to the 
Committee on "Ways and Means in the House), Agriculture, Com- 



168 Procedure in Congress 

merce, Foreign Relations, Indian Affairs, Railroads, Public 
Lands. 

Both in the House and in the Senate, every member is on some 
committee, and some members have places on several committees. 

Over the bills placed in their charge, committees have 
Power of almost absolute control. " They may amend a bill as 
ovS'biiisf^ they please ; they may even make it over so entirely 
that it is really a new bill, reflecting the views of the 
committee rather than the views of the originator ; or 
they may, either by reporting a bill adversely, or by 
delaying to report it until late in the session, or by 
simply not reporting it at all, practically extinguish a 
bill. " * So it is with good reason that the writer quoted 
above concludes that " the committees might almost as 
well be allowed to introduce all legislation." 

The influence of committees in determining what 
laws shall be passed is further shown by the foUovsring 
facts : 1. Their sessions are secret and their proceedings 
are seldom published. Committees frequently conduct 
"hearings," however, at which testimony and arguments 
are presented by both friends and opponents of a 
measure. 2. Only a very small proportion of the bills 
referred are ever reported back to the House. The 
House may, however, require a committee to report a 
bill. 3. The House really deliberates upon only a few 
of the most important bills that are reported. It ac- 
cepts the recommendations of the committees as to the 
proper disposition of the great majority of these bills, 
and they are passed or rejected without question or 
debate. About five or ten per cent, of the measures 
introduced become laws, and only a small number of 
these are bills of importance. 

Only in small measure, therefore, do we have, in the 
House, legislation by deliberation and debate. The 
* Follett : The Speaker, 242-343, 



Procedure in Congress 189 

power intrusted to the committees is so great that noth- 
ing but the personal integrity of the Representatives Kesponsi- 
can prevent its abuse. Corrupt influences may easily committees 
be brought to bear upon them, for there are always 
present in the " lobby " men whose sole aim is to influ- 
ence legislation in this way. Since the committees are 
held responsible only in a slight degree for the business 
intrusted to them, the detection of such evils is very 
difficult. 

When a bill is reported back to the House it is placed 
on one of three calendars : the first contains all bills for The caien- 
raising revenue and all bills of a public character appro- 
priating money ; the second, all other bills of a public 
character ; the third, all private bills. Bills are not 
brought before the House for discussion in the order in 
which they stand on the calendars. Whether a bill will 
ever get farther than the calendar depends to some ex- 
tent upon its importance and merits, but chiefly upon 
the skill and influence of the member who has charge of 
it. This is generally the chairman of the committee that 
reported the bill. 

Like all similar bodies, the House has an "order of The "order 
business " laid down by the Rules. 1. After the prayer 
by the chaplain each day's business is opened by the 
reading and approval of the Journal. 2. Then the 
Speaker lays before the House messages from the Presi- 
dent, reports and communications from heads of depart- 
ments, etc., which are at once referred to special or 
standing committees. 3. Next in order comes unfin- 
ished business. 4. The rules provide that on all days 
except the second and fourth Mondays of each month,* 
one hour shall be given to a "call of the committees." 
During this "morning hour" "each committee when 

* On these days the business reported by the Committee on the District 
of Columbia has precedence. 



of busi- 
ness.' 



170 Procedure in Congress 

named may call up for consideration any bill reported 
by it on a previous day." At the expiration of one hour 
the House may go into " Committee of the Whole " 
(see p. 171) ; or, the " morning hour " may continue 
a longer time. Beyond this order of business the 
procedure is too complicated for brief statement.* 

It is during the call of the committees that a member 
in charge of a bill may, by previous arrangement with 
the Speaker, secure recognition, that is, the right to 
speak. He thus brings his biH before the House. The 
consideration of this bill may occupy the entire hour, 
during which the member has control of the floor. After 
speaking, he generally yields the floor, temporarily, to 
others, both friends and opponents, who debate upon 
the bill or endeavor to amend it. Before a bill is 
brought to a final vote it must be read three times : the 
first time by title, the second time in full, and the third 
time by title only, unless the reading in full is demanded 
by a m§mber. When the Speaker puts the question of 
the pdissage of a bill he says, " As many as are in favor 
Methods of ssij aye " ; then "As many as are opposed say no." If 
he doubts which side has prevailed, or if a division is 
called for, a rising vote is taken. If he is still in doubt, 
or if a count is demanded by at least one-fifth of a 
quorum, two members are appointed tellers ; the mem- 
bers voting in the affirmative pass between the tellers 
and are counted ; then those favoring the negative. If 
the question is one that requires the yeas and nays, or if 
this method of voting is demanded by one-fifth of those 
present, the roll is called. Each member who wishes to 
vote responds when the Clerk reads his name. This 
process consumes half an hour or more. After the roU- 

* The foregoing account is based on the Rules of the House for the 56th 
Congress. They are, of course, subject to alteration by subsequent Con- 



voting. 



Procedure in Congress 171 

call is completed, the Speaker annoimces the imirs. Pairs. 
Members "who belong to different political parties may 
agree that they shall be recorded on opposite sides of 
party questions, whether they are present or not. Or, 
pairs may be arranged for particular votes only. This 
device enables a member to be absent from the House 
without feeling that his vote is needed. 

An important method of procedure remains to be de- 
scribed. The Rules of the House require that all bills 
that levy taxes or appropriate money shall be considered 
in " Committee of the TMiole House on the State of the Committee 
Union." This may be done at any time after the " morn- whole. 
ing hour " that is devoted to the call of the committees. 
The Speaker leaves the chaii', calling another member to 
his place as chairman. In Committee of the Whole 
great freedom of debate is allowed. Consequently, a 
bill receives much more discussion than under the 
general order of business. When the debate is closed, 
the committee rises and reports ; that is, the Speaker re- 
turns to his chaii' and the chairman reports to the House 
whatever action has been agreed upon in the Committee 
of the Whole. The House then adopts this report. It 
is under this procedure that most of the long speeches 
reported in the " Congressional Record " are delivered. 
Frequently, instead of actually delivering his speech, a 
member merely makes a few remarks and asks leave to 
print the rest of it. Members frequently get reprints 
of their speeches (whether these were actually delivered 
or not) for distribution among their constituents and 
for campaign literature. 

We have now followed the course of a bill from its in- 
troduction in the House through the committee and the The biu in 
debate which it may receive, to the final vote on its ^ ^^^' 
passage. When a bill has passed the House it receives 
the signatures of the Speaker and the Clerk and is car- 



172 Procedure in Congress 

ried to the Senate. Here tlie presiding ofl&cer immedi- 
ately refers it to a committee. The process of passing 
bills in the Senate is in general the same as in the House. 
Some differences in procedure will, however, be noted 
later. Each house has the right to amend a bill that 
has already passed the other house. If the house in 
which the measure originated does not accept the 
amendment the bill fails to become a law. Or, a con- 
conference ference committee may be arranged, which is composed 
committees. ^^ ^ ^^^ members from the House and Senate commit- 
tees that have previously considered the bill. If the 
conference committee succeeds in arranging a satis- 
factory compromise, each house will pass the bill in the 
form agreed upon and reported by this committee. 

The power of enacting laws is not vested solely in 
Congress, but it resides to some extent in the President 
also. The manner in which the President may ezercise 
his legislative authority is now stated. 
Article I. Every hill which shall have passed the House of Mepre- 

ciausTz!' sentatives and the Senate, shall, before it become a law, be 
presented to the President of the United States; if he 
approve, he shall sign it ; hut if not, he shall return it, with 
his objections, to that house in which it shall have origi- 
nated, who shall enter the objections at large on their journal, 
and proceed to reconsider it. If, after such reconsider- 
ation, two-thirds of that house shall agree to pass the hill, 
it shall be sent, together with the objections, to the other 
house, by which it shall likewise be reconsidered, and if 
approved by two-thirds of that house, it shall become a law. 
But in all cases the votes of both houses shall be determined 
by yeas and nays, and the names of the persons voting for 
and against the bill shall be entered on the journal of each 
house respectively. If any bill shall not he returned by the 
President within ten days (Sundays excepted) after it shall 
have been jjresented to him, the same shall be a law, in like 



Procedure in Congress 173 

manner as if he had signed it, unless the Congress, by their 
adjournment, prevent its return, in which case it shall not 
be a law. 

The President is expected to use his veto power when- Reasons for 

1 . . . 1 -n (. /-. • • the veto 

ever, m his opinion, a bill of Congress is unwise or un- power, 
constitutional. The division of the legislative power 
between these two departments of government is in 
accordance with the principle of " checks and balances " 
which we may find exemplified in many other parts of 
our National system. Hasty action on the part of 
Congress, or an attempt to encroach upon the jui'isdic- 
tion reserved to the other departments or to the States, 
may be opposed by the Presidential veto. The veto 
power is not absolute, however, since a determined 
majority of two-thirds of the members in both houses 
may prevail in spite of it. This feature of the system is 
based on a sound princijDle, also, since it must be pre- 
sumed that the will of the people is more adequately 
represented in a Congress that is constituted in this 
way, than in the person of the President alone. 

Before President Johnson, the largest number of bills vetoed by 
any one President was twelve, by President Jackson. Disagree- Vetoes by 
ment with Congress on the reconstruction policy accounts for j^^ifllnts 
President Johnson's twenty-one vetoes. Some of the bills to 
which he refused assent were important and were afterwards 
passed over his veto. President Grant vetoed forty-three bills, one 
of which (the so-called "inflation bill") was of great consequence. 
President Cleveland vetoed three hundred and one bills in his first 
administration, the total number of vetoes in our history before 
that time having been but one hundred and thirty-two. This is 
largely accounted for by President Cleveland's refusal to sign cer- 
tain private pension bills, of which a great number are passed by 
every Congress. 

The President may cause a bill to fail by neither signing nor The "pock- 
vetoing it during the last ten days of a session. The term ^^ 
" pocket veto " has been applied to this method of defeating legis- 
lation. 



174 



Procedure in Congress 



Section?, 
clause 3. 



The power 
of the 
majority. 



Lest Congress sliould seek to evade the necessity of 
submitting its acts to the President, the following- 
clause of the Constitution prohibits the enactment of 
legislation under any other title than that of a bill. 

Every order, resolution, or vote to which the concurrence 
of the Senate and House of Bepresentatives may be neces- 
sary [except on a question of adjournment), shall be pre- 
sented to the President of the United States ; and before 
the same shall take effect, shall be approved by him, or be- 
ing disapproved by him, shall be repassed by two-thirds of 
the Senate and House of Representatives, according to the 
rules and limitations prescribed in the case of a bill. 

Because the House represents the people more di- 
rectly than does the Senate, and because it is, generally 
speaking, the more interesting body to observe, we 
shall now look farther into its workings to discover 
how its action is really controlled. When one con- 
siders the immense mass of business laid before the 
House and the more than fifty committees that work 
independently of one another, each member and each 
committee endeavoring to secure the passage of par- 
ticular bills, it seems a wonder that any unity of 
purpose or harmony in legislation can be attained. 
Eut forces are at work beneath the surface to bring 
order out of the apparent chaos. The first of these 
forces is the power of the majority. Party caucuses 
are of frequent occurrence, especially if the majority 
is small and it becomes necessary to present a united 
front to the opposition. A party caucus — that is, a 
meeting of all the Representatives belonging to one 
party — will decide which measures must be passed and 
which rejected ; or it may compel all its members to 
agree upon a certain measure for the sake of party in- 
terests. In this way a more or less consistent policy 
may be carried out. The power of the majority may 



Procedure in Congress 175 

also be seen at work in the committees. The majority of 
a committee sometimes frames a bill without consulta- 
tion with the minority members. The latter are called 
in when the measure is complete, and their views are 
given a hearing, but they really have no voice in the 
matter. They may, however, present a minority report 
to the House. 

A second force tending to unify the action of the 
House is the power of the Speaker.* Since the Speaker The power 
represents the majority, he is dependent upon it for the Speaker. 
exercise of his power. But once elected, this officer is 
regarded as the leader of the majority and his influence 
is very great in determining party policj'. The Speaker's 
power is exerted in several ways : 

1. He appoints all the committees of the House. 
Since the fate of bills depends largely upon committee 
action, the Speaker can influence legislation by the com- 
position of his committees. He may, for instance, ap- 
point on the "Ways and Means Committee men whom 
he knows to be favorable to a policy in which he be- 
lieves. The Speaker is not always allowed to have his 
own way in the matter, however, since there are certain 
unwritten rules under which members often claim the 
right to hold positions on committees, or to be pro- 
moted to chairmanships, by reason of long service. 

2. The Speaker is chairman of the Committee on 
Rules. It will be remembered that bills are not con- 
sidered in their order on the calendars. This com- committee 
mittee decides which bills shall be taken up, what 
length of time shall be given to each, and when each 

shall come to a vote. It thus makes a sort of program 
for each day's proceedings and so decides the fate of a 
great many bills. Of coui'se the Committee on Rules 

*Miss Follett's, The Speaker, is the best treatise on the history of 
this ofi&ce and contains the best summary of the Speaker's powers. 



176 



Procedure in Congress 



Filibuster- 
ing. 



Count- 
ing a 
quorum. 



must be sustained by a majority of the House ; but the 
House generally looks to this committee for leadership. 
The Speaker has the preponderance of influence on this 
important committee ; hence the power which he may 
wield at critical times is very great. 

3. When the minority foresee that they will be beaten 
on an important question they sometimes resort io fili- 
bustering or obstructive tactics. They endeavor to delay 
action in the hope that the majority will be driven by 
sheer exhaustion to compromise. They accordingly con- 
sume time by making long speeches. But since the 
Committee on Kules (sustained by a majority of the 
House) may fix the time for a vote, this method of fili- 
bustering is not always effective. Again, the minority 
may attempt to delay action by making dilatory motions 
(such as a motion to adjourn) and then calling for the 
yeas and nays. Since each roll-call occupies half an 
hour or more, this method has sometimes in the past 
been very successful. But in recent years the Speaker 
has been given authority to decide when, in his opinion, 
such motions are intentionally dilatory, and to refuse to 
entertain them. At such times, therefore, the Speaker 
sets aside the ordinary rules of parliamentary practice 
and governs the House arbitrarily ; but it must be re- 
membered that he is executing the will of the majority. 

Speaker Reed used an eifective method to stop filibustering in 
the 61st Congress, when the Republican majority was very small. 
In order to prevent the passage of bills, members of the minority 
would refuse to vote when the roll was called. As it was often 
impossible to secure the attendance of all members of the party in 
power, the roll-call would show less than a majority "present." 
Hence business would be stopped under the point of order " no 
quorum." At such a juncture, Speaker Reed directed the clerk to 
count as present members sitting in their seats who had not voted. 
Thus a quorum was secured and bills were passed. The Supreme 
Court has pronounced this procedure legal, and subsequent Con- 
gresses have followed the practice. 



Procedure in Congress VJl 

4. Much of the power given to the Speaker in the 
ways enumerated would be useless but for the power 
of recognition. As in other assemblies, before anyone Eecocr- 
can speak he must be recognized by the chair. The 
Speaker may recognize whom he pleases, not necessarily 
the one who first addresses him. Consequently, if a 
member wishes to push his bill through the House, it is 
necessary to consult the Speaker and obtain his con- 
sent. He will then be recognized at the time agreed 
upon. By a similar arrangement other members will 
secure the right to debate the bill. In the exercise of 
this power, the Speaker endeavors to be fair, giving 
both sides a hearing upon important questions. But at 
critical moments he will be arbitrary, thus securing the 
action desired by the majority, against any efforts of the 
minority to defeat their mil. 

Procedure in the Senate differs from that in the 
House in three important respects. 1. The presiding 
officer, whether he be the Vice-President or the President comparieon 
pro temjjore, has much less power than the Speaker. He and House 
does not appoint committees ; these are elected by the 
Senate, after the party in power has selected in caucus 
the majority members, and the opposition party the 
minority members, of each committee. The President 
of the Senate is more impartial in his recognition of 
both sides, therefore filibustering is easier in the Senate 
than in the House. 

2. There is less restriction on the freedom of debate 
in the Senate ; consequently important measures are 
passed less promptly than in the House. 

3. The Senate has a higher standard of decorum than 
that which prevails in the House. Senators are ex- 
pected to heed carefully one another's rights and 
wishes, and to avoid extreme exhibitions of party spirit. 
The Senate is, therefore, a more quiet and orderly body 



178 



Procedure in Congress 



tern of gov- 
ernment 



The English 

Cabinet 

system. 



than the House ; in it angry debate and violent behavior 
are of rare occurrence. In its methods of procedure 
the Senate is more deliberative and less business-like 
than the House. 

In State legislatures throughout the Union the method of pro- 
cedure is substantially the same as that which we have seen at work 
Cabinet sys- in Congress. But this system, sometimes called the "Committee 
system," is found nowhere else. Every national legislative body 
in the world except our Congress works under the " Cabinet sys- 
tem " of government. This may be best seen in the English Gov- 
ernment, where it was first developed. 

The supreme legislature of England is Parliament, composed 
of the House of Commons and the House of Lords. Although 
England is nominally a kingdom, the monarch has little real 
authority. The actual executive is the Cabinet ; at its head is the 
Prime Minister, who corresponds in many ways to our President. In 
England the legislative and executive departments are united ; for 
the members of the Cabinet must be members of Parliament, and 
the Prime Minister is always the leader of the political party that 
has a majority in the House of Commons. Nominally the monarch 
chooses the Prime Minister, but in reality he has no choice. The 
members of the Cabinet, numbering fifteen or twenty, are executive 
officers. Each presides over a department and controls the admin- 
istration of its affairs as Cabinet officers do in the United States. 
At the same time, it is the duty of Cabinet ministers to participate 
in the legislation of Parliament : (1) by framing and introducing all 
important bills, and (2) by pushing these bills through Parliament 
by debate and otherwise. 

The Prime Minister " leads " the majority party in the House of 
Commons ; or, if he is a member of the Lords, another Cabinet 
member is leader of the Commons. The opposition party likewise 
has its leader in each house. The "Opposition" tries to hamper 
or defeat the measures of the Government. 

The length of a Congress in the United States is fixed at two 
years. A term of Parliament may last seven years, but Parlia- 
ment may be dissolved and a term ended at any time. The way 
in which this comes about is the most essential feature of Cabinet 
government. The Cabinet, we have seen, is put into oflice by the 
majority in the House of Commons, and it will retain its position as 
long as it is sustained by that majority. If, however, its policy 



Procedure in Congress 



179 



proves to be unpopular, or its administration weak, some of its 
former friends will withdraw their support. There may then be 
passed a vote of "lack of confidence"; or, more usually, the 
Cabinet fails to pass an important bill because it no longer com- 
mands sufficient votes in the House of Commons. In either case 
the Cabinet resigns, Parliament is dissolved, and a general election Dissolution 
is held at which the people elect new members of the House of ment. 
Commons. In this new house, the party that has just been retired 
from power may be restored if the people sustain its policy ; if they 
do not, the opposite party will have a majority in the House of 
Commons and its leader will become Prime Minister. 

Certain advantages are claimed for this system over the Con- 
gressional or Committee system. 1. It is said that the party in 
power is more directly responsible to the people because its tenure KesponBi- 
of office is not fixed, but liable to termination at any time. " Gov- ^* 

ernment," as the governing officials are called, will therefore watch 
public opinion very closely and try to avoid all unpopular measures. 
Moreover, the people watch the ministry closely because they may 
be called upon at any time to approve or condemn its policy by 
electing a new House of Commons. For the Congressional system 
it is claimed that these same advantages are secured by the fre- 
quency of our elections. The hope of re-election creates respon- 
sibility. 

2. Under the Cabinet system the harmony of the legislative and 
executive departments is certain. The House of Lords may not 
agree with the Commons, but its power is very much less than the 
power of the Senate in the United States. The Lords may delay, 
but they will never defeat an important bill which the Commons, 
backed by the people, are determined shall pass. In the United 
States the President may not be of the same party as the majority 
of Congress ; or, being of the same party, he may have very dif- 
ferent views. There will consequently be friction and a failure to Harmony, 
harmonize the action of these two departments. On the other 

hand, it is urged that a Cabinet is undertaking too much when it as- 
sumes both legislative and executive functions. Attention is also 
called to the fact that our legislative and executive are not com- 
pletely separated. Certain functions are shared between them. 
Moreover, it is quite customary for Congressmen and committees 
to consult heads of departments and other officials while framing 
bills. 

3. In Parliament, the leadership of certain men is more clearly 



180 Procedure in Congress 

recognized and more consistently followed than in Congress. Con- 
sequently, the measures by which a party carries out its policy have 
a certain unity of purpose and harmony among themselves. The 
LeadersMp. Committee system, English writers say, discourages leadership, by 
the division of responsibility for legislation; it makes possible 
poorly constructed and inconsistent laws which do not pretend to 
be parts of a deliberate governmental policy. Defenders of the 
Committee system point to the unifying influence of the party cau- 
cus and to the work of conference committees in harmonizing 
differences between the houses. Moreover, it is claimed that 
the Speakership furnishes a sufficient element of leadership and 
that more is not desirable. 



Supplementary Questions and References. 

1. From the Congressional Record one may learn the 
forms used by members of Congress in addressing the chair 

\ and each other ; also the forms of response used by the 
Speaker and the President of the Senate. 

2. In the Congressional Directory will be found lists of 
the standing committees of each house, as well as select 
and joint committees ; diagrams of the city of Washington, 
the Capitol building, and the floors of the houses show- 
ing the seats occupied by the members; also biographical 
sketches of Senators and Representatives. 

3. What difference is there in the granting of recognition 
to members in the Senate and House ? Harrison, This 
Country of Ours, 45-48. 

4. One way of accounting for the large number of bills 
introduced into Congress is discussed in Bryce, I, 133-134 
(136-138). 

5. What appearance does' the House of Representatives 
make when at work ? Bryce, 1, 138-144 (143-148). 

6. What are the relations of the two houses of Congress ? 
Bryce, I, chapter 18. 

7. The veto power. Bryce, I, 53-56 (58-61) ; Cooley, 
Principles of Constitutional Law, 49, 166-169. 

8. What is the importance of the Speakership of Mr. 
Reed (1889-91) ? Follett, The Speaker, 116-117, 120-121. 



Procedure in Congress 181 

9. What is meant by the ' ' Speaker's list ? " Follett, 
251-253. 

10. How are obstructive tactics carried on ? Alton, 
Among the L/aw Makers, chapter 20. 

11. Why is there little debate in the House of Representa- 
tives? Wilson, Congressional Government, 72-73, 86-102. 

12. Compare the Speaker of the House of Representa- 
tives with the Speaker of the House of Commons. Bryce, 
I, 134-137 (138-141). 

13. The best descriptions of Congressional procedure are 
found in Bryce, I, chapters 10-16 ; Wilson, Congressional 
Government, chapters 1, 2, 4 ; Follett, The Speaker ; Mc- 
Conachie, Congressional Committees. See also Reed, Ob- 
struction in the National House of Representatives, N. 
Am. Rev., 149 : 421-428 ; Reed, Reforms Needed in the 
House, N. Am. Rev., 150 : 537-546 ; Mitchell, How a Law is 
Made, N. Am. Rev., 159 : 537-544. 

14. On the powers of the Speaker, see Forum, 23 : 343-350 ; 
Atl. Mo., 64 : 64-73; N. Am. Rev., 151 : 385-398; Arena, 
22 : 653-666 ; Reed, Limitations of the Speakership, N. 
Am. Rev., 150 : 382-389 ; Carlisle, N. Am. Rev., 150 : 390- 
399 ; Hart, Essays on American Government, chapter 1, 
The Speaker as Premier. 

15. The English Cabinet system is best treated in 
Bagehot, The English Constitution ; Wilson, The State. 
See also Scribner's Mag., 14 : 593-600 ; Arena, 2 : 581-587 ; 
Harper's Mag., 95 : 110-128 ; 205-224 ; 88 : 34-51 ; 686-692 ; 
Outlook, 61 : 519-529 ; N. Am. Rev., 157 : 215-224. 

16. For comparisons of the Cabinet and Committee sys- 
tems consult Bagehot, 84-100 ; Bryce, I, 144-149, 150-152, 
165-170, 280-290 (147-153, 154-156, 168-173, 286-297) ; Wil- 
son, Congressional Government, 72-73, 86-102, 115-124, 
318-324 ; Fiske, the Critical Period of American History, 
289-300 ; N. Am. Rev., 158 : 257-269 ; 159 : 225-234 ; 161 : 
740-752 ; 162 : 14-20 ; 164 : 625-633 ; 170 : 78-86 ; Atl. Mo., 
57 : 542-553 ; 65 : 766-773. 



CHAPTEE XVII 



NATIONAL FINANCES 



Finances of 
the Confed- 
eration. 



Article I, 
section 8, 
clause 1. 



Section 9, 
clanse 5. 



Nothing revealed more completely the fatal weakness 
of the government under the Articles of Confederation 
than its failure to exercise effectively the power of taxa- 
tion. While the Articles provided that the expenses of 
the general government should be paid out of a com- 
mon treasury "which shall be supplied by the several 
States," the taxes were to be " laid and levied by the 
authority and direction of the legislatures of the several 
States," In practice, each State contributed as much 
or as little as it pleased. The general government made 
"requisitions '"upon the States for certain amounts, but 
it had no means of compelling the legislatures to raise 
their quotas. The failure of the efforts that were made 
to amend the Articles so as to give Congress power to 
levy import duties, marks the complete break-down of 
the government's finances. There was needed a system 
under which the National authority might be exerted 
directly upon the individual citizens, without the inter- 
vention of State authority. This was secured by the 
following clause of the Constitution. 

The Congress sJiall have potver to lay and collect taxes, 
duties, imposts and excises, to pay the debts and provide 
for the common defense and general welfare of the United 
States ; but all duties, imposts and excises shall be uniform 
throughout the United States. 

Coupled with this grant of power was a prohibition : 

No tax or duty shall be laid on articles exported from 
any State. 

182 



[ National Finances 183 

The forms of taxation most employed by the National 
government are known as duties * and excises. The duties 
which Congress is empowered to levy are taxes on goods 
imported into the country. The collection of duties takes 
place at custom houses situated at the " ports of entry." 
There are more than one hundred and fifty ports of 
entry distributed throughout the United States; the 
greater part, though not all, are seaport cities. Each 
custom house is in charge of a collector. Duties are of 
two kinds, specific and ad valorem. Specific duties are Kinds of 
fixed amounts levied on certain units of measurement of 
commodities, as the pound, yard, or gallon. For ex- 
ample, under the tariff law of 1897 the duty on tin plate 
was one and one-half cents for each pound. Ad valorem 
duties are levied at a certain rate per cent, on the value 
of the articles taxed. The law of 1897 laid a duty of 50 
per cent, on cotton gloves. On some articles both kinds 
of duties are collected ; under the law just mentioned, 
the duties on tapestry Brussels carpets were 28 cents 
per square yard and 40 per cent, ad valorem in addition. 

At New York, where by far the largest part of our importations 
are entered, two thousand officers and clerks are employed in the 
custom house. The method of collecting duties may be briefly The 
described. When goods are purchased in a foreign country, an in- ^° duties' 
voice of them, stating descriptions and prices, is filed with the 
United States consul f in the district where the purchase is made. 
The consul sends a copy of the invoice to the officials of the custom 
house at the port of entry to which the goods are shipped. Upon 
their arrival in the United States, the cases are opened and the 
goods are examined to see that they correspond in amount and 
prices to the invoice record. If, in the judgment of the custom 
house appraisers, the goods are valued too low, the valuation will 
be raised. In case of great undervaluation, a fine is imposed, and 
in extreme cases the goods are confiscated. 

*" The terms duties and imposts are nearly synonymous." Cooley, 
Principles of Constitutional Law, 54. 
t See pages 286, 287. 



184 



National Finances 



Goods in 
bond. 



Smuggling. 



TarifE laws. 



If an importer does not wish to sell his goods immediately, they 
may be stored in a " bonded warehouse " which is under the super- 
vision of Government ofBcials. The owner agrees, under bond, to 
withdraw the goods and pay the duties (or else to export the goods) 
within three years. By a similar arrangement, goods may be 
shipped " in bond " from a port of entry to a " port of delivery." 

Passengers on steamships coming from foreign countries are re- 
quired to declare what dutiable goods they have among their bag- 
gage. Upon landing, their baggage is examined ; trunks and valises 
are opened, and in suspected cases the persons of travellers are 
searched for concealed dutiable goods. The temptation to under- 
valuation and to smuggling, in order to escape this form of taxation, 
is so great that constant vigilance is necessary at custom houses 
and along the borders of the United States to prevent these frauds. 
Special agents and revenue cutters are employed to detect viola- 
tions of the law. 

A schedule of rates of duties is called a tariff. It is 
evident that the importer adds the amount paid as a 
duty to the price of an imported article when he sells it. 
If a higher price is caused in this way,* this may deter 
importation and encourage the production of such arti- 
cles in this country. Consequently, high rates of duties 
may have a decided influence upon the industries of a 
country. When tariff rates are fixed without reference 
to the way in which they may affect industries, we have 
a "tariff for revenue ; " the sole object in view is the 
raising of a certain amount of revenue. In a "protec- 
tive tariff " law, on the other hand, the rates are fixed with 
the purpose of encouraging certain industries ; they are 
made so high that it will be less profitable to import the 
articles. The question. Which tariff policy is the wiser ? 
has been one of the leading issues in National politics 
during the greater part of our history. 

The United States has entered into " reciprocity treaties " with 
various countries for securing the reduction of tariff rates. Each 

* It may happen that the foreign producer will lower his prices suf- 
ficiently to counterbalance the effect of the duty in this country. 



National Finances 185 

country agrees to admit certain products of the other country at re- 
duced rates, or free of duty. These are commodities in the produc- Eeciprocity. 
tion of which there is little or no competition between the parties 
to the treaty. 

The tariff law of 1897 provided that when a foreign country pays 
a bounty of a certain amount on the exportation of a production 
which is imported into the United States in competition with our Counter- 
own production, the Secretary of the Treasury is instructed to raise flutiea^ 
the duty on that article. This is called a "countervailing" duty. 
In 1901 such a duty was applied to sugar imported from Eussia. 

Excises are taxes levied on the manufacture and sale 
of commodities. It is customary to speak of these taxes 
as "internal reyenue." Liquors and tobacco are the The inter- 
most common objects of excise taxation.* Besides system.*^"'^^ 
these, the National government taxes snuff, opium, oleo- 
margarine, filled cheese, mixed flour, and playing cards. 
This was the list of articles yielding internal revenue 
before additional taxation became necessary to pay the 
expenses of the Spanish-American War. Besides in- 
creasing the liquor and tobacco taxes, the lom of The taxes 

of 1898 

1898 greatly enlarged the scope of the internal-revenue 
system. The chief additional items included were taxes 
on bankers and brokers, billiard rooms, and legacies, and 
those on proprietary articles and legal documents. f 
Under this law, the internal-revenue receipts increased 
from $170,000,000 in 1898 to $273,000,000 in 1899. 
The 56th Congress, before its adjournment in 1901, re- 
pealed some of the documentary taxes, such as the taxes 
on bank checks, telegraph and telephone messages, and 
express receipts, and reduced the taxes on beer and 

* Taxes are levied not only upon the liquors themselves but upon the 
business of brewing and rectifying ; of selliug by wholesale and by retail ; 
of manufacturing stills ; and upon the stills themselves. A list of these 
taxes may be obtained from the collector of any internal-revenue district. 

t The documentary taxes are similar to those imposed by Parliament 
in the Stamp Act of 1765. They were also levied by our government 
durins; the Civil War. 



186 



National Finances 



Collection 
of excise 
taxes. 



Forms of 

excise 

taxes. 



tobacco. A little less than one-lialf of the new taxeJ 
imposed in 1898 were removed at this time. 

The collection of excise taxes is supervised by the Commissioner 
of Internal Eevenue, who is the head of a bureau in the Treasury 
Department. There are more than sixty revenue districts in the 
United States, with a collector as the chief official in each. This 
officer is responsible for the proper enforcement of the laws in his 
district ; special agents are employed by the bureau to examine 
into suspected cases of fraud.* The greater number of these taxes 
are paid by the purchase of stamps which must be affixed, in the 
proper denominations, to the articles taxed. When a license fee is 
required for carrying on an occupation, the purchase and display 
of a certificate secures the enforcement of the law. Distilleries are 
under the supervision of government " store-keepers," who inspect 
and record each step in the manufacture of spirits. A ganger 
measures the contents of each package and affixes the stamps. 
In the manufacture of fermented liquors, proprietary articles, 
and tobacco, however, the manufacturers themselves affix the 
stamps. 

The first internal-revenue law, that of 1791, taxing the produc- 
tion of distilled spirits, was a part of Hamilton's financial policy. 
In western Pennsylvania it caused violent opposition, known as the 
Whiskey Rebellion. By laws of 1794 and 1796, carriages, chariots, 
and coaches of various kinds were taxed at amounts ranging from 
$2 to $15 each. Other excise taxes enacted at different times may 
be briefiy mentioned : 179'1, upon all sales at auction; 1813, upon 
sugar refined in the United States, and legal instruments ; 1815, upon 
pig iron, nails, candles, paper and leather manufactures, playing 
cards, hats, iimbrellas, saddles and bridles, boots, shoes, household 
furniture, and watches. The taxes of 1815 were not collected after 
1817. In 1862, besides increased taxes upon liquors and tobacco, 
license taxes were imposed upon persons or corporations carrying 
on trade, and upon a vast number of manufactured articles. Cor- 
porations paid taxes upon gross receipts and dividends. 



We must now direct our attention to the very impor- 
tant constitutional provision that "all duties, imposts 

*" Moonshiners " who run illicit stills are numerous in the remote 
mountainous districts of the Southern States. 



National Finances 187 

and excises shall be uniform throughout the United 
States." The justice of this rule is evident.* The 
rates must not vary at different ports of entry and in 
the various collection districts of the country. A duty Uniformity 
is called an indirect tax, because the one who pays it 
adds the amount to the price of the commodity upon 
which it is levied. The consumer of the imported ar- 
ticle, therefore, pays the tax in reality, but he pays it in- 
directly to the government. This is true, also, of most 
excise taxes, such as those upon liquors and tobacco. 
Taxes which cannot be shifted in this way are commonly 
called direct. Now, the Constitution uses the term " di- 
rect taxes," but the distinction between direct and in- 
direct taxes which we have just noted has not been fol- 
lowed in Constitutional interpretation. It is evident 
tha't the tax on carriages, for instance, could not be constitu- 
shifted ; yet the Supreme Court decided, in 1796, that for the im- 
this was not a direct tax. It was imposed uniformly ta°xes'.°'^ '^ 
throughout the United States. According to this de- 
cision, consistently followed until 1895, the only taxes 
that were " direct," in the Constitutional sense, were 
poll or capitation taxes (that is, those assessed on in- 
dividuals) and taxes on land. Consequently, many 
forms of taxes enumerated in the discussion of the 
internal-revenue system, although direct in the pop- 
ular, or economic, sense, are indirect from a legal 
stand-point ; the rule of uniformity, therefore, applies 
to them. 

The Constitutional rule regarding the imposition of 
direct taxes is twice stated. 

Representatives and direct taxes shall he apportioned Article i, 
among the several States . . . according to their re- clauses.' 
spective numbers. . . . 

*The question of its application to the insular possessions of the 
United States is discussed in Chapter XXVIII. 



188 National Finances 

Section 9, No capUation, or other direct, tax shall he laid unless 

in proportion to the census or enumeration hereinbefore 
directed to be taken. 

We have seen how this rule became a part of the Con- 
stitution as one of the compromises necessary to secure 
its acceptance. Direct taxes have been levied and ap- 
portioned among the States by Congress several times ; 
but it is not likely that another such tax will be enacted 
under the present Constitutional rule. This is because 
the sectional inequalities in population do not corre- 
spond with inequalities in wealth {i.e., ability to pay the 
tax). The more populous States are also the more 
wealthy, but the per capita wealth is much greater 
there than in those States where population is less 
dense. Consequently, in the agricultural States of the 
South and West, the burden of taxation would be un- 
justly heavy. 

In 1798 Congress levied a direct tax of two million dollars and 
apportioned it among the States in proportion to tlaeir population. 
The objects taxed were houses, land, and slaves, and the collection 
was made by Federal officers. In 1813, when another direct tax of 
three million dollars was levied, the same objects were taxed, but 
History of the law provided that each State might assume and collect its own 
direct taxes, quota. A similar provision was included in the law of 1815, levying 
a direct tax of six million dollars, but most of the States did not 
avail themselves of the privilege. The direct tax of 1861 (twenty 
million dollars) was apportioned among the States and levied upon 
land alone. All but a few of the States that paid the tax collected 
it by their own officers. It was not possible to collect this tax in 
many of the southern States, so in 1891 the amounts that the other 
States had paid were refunded to them. 

Income taxes constituted an important feature of the 
internal-revenue system that was put into operation 
during the Civil War. In each of the several laws en- 



National Finances 189 

acting these taxes, provision was made for the exemp- 
tion from taxation of a small income, as ^800 at first, 
and later, $600. For incomes above these figures, the 
rates were generally made progressive; for example, the 
law of 1862 taxed incomes above $600 and less than income 
$5,000 at the rate of 5 per cent., those from $5,000 to 
$10,000, 7| per cent., and those above $10,000, 10 per 
cent. These taxes were repealed after 1872. 

It will be noticed that Congress treated these income 
taxes as indirect, making the rates uniform throughout 
the United States. This was in accordance with judicial 
decisions, which made all taxes, except those on persons 
and land, subject to this rule. 

Following these precedents. Congress enacted, in 
1894, an income-tax law providing that all incomes over 

$4,000 should pay a tax of 2 per cent, on the ex- Law of 

1894 de 
cess above that amount. The following year, contrary ciared un- 
to all former decisions in which the meaning of the tionai."^ 
words " direct tax " had been determined, that term was 
declared by the Supreme Court to include such income 
taxes as were levied by the law of 1894. Consequently, 
since Congress had not determined the total amount to 
be collected and apportioned it among the States ac- 
cording to their population, this law was declared un- 
constitutional. 

Legacy, or inheritance, taxes were included in the 
revenue measures of the Civil War period, but they 
were repealed soon after its close. This form of tax- 
ation was revived by the law of 1898. Inheritances Legacy 
are divided into four classes, according to the degree 
of relationship between the decedent and the inher- 
itor ; the rates increase as the relationship becomes 
more distant. 

We have now reviewed the various forms of taxation 
employed by the National government to secure revenue. 



190 



National Finances 



Article I, 
section 7, 
clause 1. 



Revenue 
bills in 
Congress. 



National 
expendi- 
tures. 



In the enactment of laws that impose taxes, Congress is 
governed by the Constitutional provision that 

All hills for raising revenue shall originate in the House 
of Bcpresentatives ; hut the Senate may propose or concur 
with amendments as on other hills. 

The framing of revenue bills is entrusted to the most 
important House committee, that on Ways and Means. 
Their bills are frequently known by the name of the 
chairman of the committee. In the Senate the Finance 
committee considers and recommends amendments to 
bills for raising revenue. These important measures, as 
finally passed, are in most cases the result of compro- 
mises between the two houses, arranged by conference 
committees. 

We have seen that the collection of National taxes is 
accomplished by an ai-my of Federal officials whose juris- 
diction extends into every corner of the country. We 
have seen that the objects of taxation are very numer- 
ous, so that every individual aids, directly or indirectly, 
in the support of the National government. The ease 
with which our immense revenue is raised seems mar- 
vellous to citizens of the Old World countries, where 
conditions of life are harder. Indeed, so great have 
been the ability and the willingness of the people to 
bear these burdens that the National government has 
more than once been embarrassed by an excess of 
revenue. Under these conditions it is not surprising 
that laxity in making expenditures has been common 
and that great extravagance and wastefulness have fre- 
quently resulted. 

In Congress, appropriation bills, that is, bills provid- 
ing for the expenditure of public money, may originate 
in either house ; but the important general appropriation 
bills originate in the House of Representatives. These 
bills are really framed by the committees to which they 



National Finances 



191 



are referred, and are based upon estimates furnished by 
the various executive departments. For this reason 
there is some adjustment possible between the financial 
needs of the government and the amount of taxes levied. 
But still, the independence of the legislative (or tax 
creating) and executive (or tax spending) departments 
of our government makes the fitting of revenue to ex- 
penditures a difficult matter, and in practice many errors 
are committed. 

When the ordinary revenues of a government are not 
sufficient to pay its expenses, recourse must be had to 
additional taxation, or to borrowing, or to both of these The 
measures at once. The borrowing of money is not 
essentially different from the levying of taxes, since it 
but postpones the time when, by taxation, the obligation 
must be met. This procedure is justifiable because the 
burden of National expense for certain purposes (as for 
defence) may well be rested upon more than one gener- 
ation of citizens. Accordingly, among its other financial 
powers Congress possesses authority 

To borrow money on the credit of the United States. 

Money is borrowed, ordinarily, by the sale of bonds. 
These are of the same nature as the promissory notes 
by which individuals obtain loans. National bonds 
state the promise of the United States to pay a certain 
amount, at a stated time, with interest. A "registered " 
bond contains the name of the owner, and this is a mat- 
ter of record at the Treasury Department. When this 
bond is transferred, the record must be changed. 
" Coupon" bonds are usually payable to bearer ; they 
have attached to them a number of coupons equal to the 
number of interest payments due during the term of 
the bond. 

United States bonds have been issued in various denominations, 
ranging from twenty dollars to fifty thousand dollars each. The 



public debt. 



Section 8, 
clause 2. 



National 
bonds. 



192 



National Finances 



Kinds of 
bonds. 



The sale 
of bonds. 



Redemp- 
tion. 



Refund'Tig 
operations. 



The public- 
debt 
statement. 



term of a bond is not always a fixed number of years. Some of 
the Civil War bonds were payable at the option of the government 
after five but within twenty years from the date of issue. These 
were called " five-twenty's " (5/20's). The bonds issued in 1898, 
to obtain money for the Spanish War expenses, were " ten- 
twenty's." 

There are two ways of negotiating the sale of bonds. The 
government may fix its price and sell to all buyers on the same 
terms. Or, the total amount of money to be raised may be deter- 
mined, and then, by negotiation with bankers or capitalists, the 
government may secure the best terms that it can. After being 
issued. National bonds are either held by individuals and corpora- 
tions as investments, or they become the objects of trade and spec- 
ulation, being bought and sold by bankers and brokers on the stock 
market. Their values fluctuate somewhat and are subject to daily 
quotation. If a bond sells for its face value it is at " par." Bonds 
quoted at 117 are at a "premium"; that is, they bring $117 for 
every $100 of their face value. Those quoted at 98 are at a " dis- 
count." When bonds fall due, the government "redeems" them 
at their face value. Or, they may be continued at a lower rate of 
interest. A large amount of five per cent, bonds that were due in 
1881 were continued, by agreement, at three and one-half per cent., 
and some that fell due in 1891 were continued at two per cent. 
Provision is made by law for the purchase of bonds by the govern- 
ment before they are due. For this purpose, the Secretary of the 
Treasury is authorized to use a portion of the National revenues ; 
this is called a " sinking fund." There is still another way in which 
the burden of our National debt has been decreased. Soon after 
the time when the 5,20 Civil War bonds became payable at the 
option of the government, the holders were given the privilege of 
choosing whether their bonds should be redeemed, or be exchanged 
for new ones, of the same amounts, at lower rates of interest. The 
latter alternative was accepted for many hundreds of millions of 
our bonds ; so the burden of interest was reduced from six per cent, 
to five, four and one-half, and later to four per cent. This opera- 
tion was called refunding the debt. 

The " Statement of the Public Debt," issued monthly by the 
Treasury Department, summarizes our National debt under three 
heads : the interest-bearing debt, the debt on which interest has 
ceased since maturity, and the debt bearing no interest. The first 
of these includes by far the largest part of our National indebt- 



National Finances 



19a 



edness. For the month of March, 1901, the principal items 
stood thus : 

Intekest-beaeing Debt. 



Title of Loan. 


Kate. 


When 
Issued. 


When Redeemable. 


Outstanding 
March 31, 1901. 


(1) Consols of 1930 

(2) Loan of 1908-1918 

(3) Funded Loan of 1907. . 

(4) T?pfnn diner flprHfipfltPR 


2 per cent. . 

3 per cent. . 

4 per cent. . 
4 per cent. . 

4 per cent. . 

5 per cent. . 


1900 

1898 

18TT-18T9.. 
1879 .... 


After April 1, 1980 

After August 1, 1908.. 
After July 1, 1907 


$445,940,750 00 

99,912,940 eO 

270,359,350 00 

33,570 00 


(5) Loan of 1925 


1895-1896 . . 
1894^1895.. 


After February 1, 1925 
After February 1, 1904 


162,315,400 00 


(6) Loan of 1904 


22,938,400 00 


Aggregate of Interest- 
bearing Debt 






$1,001,500,410 00 











(1) The term " consols " is borrowed from England, and is used 
when a number of loans have been consolidated. The finance law 
of 1900 allowed the exchange of the three, four, and five per cent, 
bonds for new two per cent, bonds running until 1930. 

(2) This was the loan authorized to meet the expenses of the 
Spanish-American War. These three per cent, bonds were sold 
at par. 

(3) The refunding operations of 1877-1879 account for this item 
of the debt. 

(4) The refunding certificates constituted in reality a round- 
about way of refunding. See Finance Reports, 1899, cri. 

(5 and 6) These loans were made to obtain gold with which to re- 
deem paper-money obligations (see p. 216). 

Money has been borrowed by the government in other ways than 
by selling bonds, as by the issue of certificates of indebtedness and 
Treasury notes. These were not essentially different from bonds, 
but they were usually of smaller denominations and ran for shorter 
terms. In some cases Treasury notes circulated as money ; these 
are not now in existence and should not be confused with the Treas- 
ury notes of 1890 (see p. 215). In some aspects, too, the issue of 
the legal tenders of Civil War times were a means of borrowing 
money — a sort of forced loan from the people (see pp. 212, 213). 



Old Treas- 
ury notes. 



Supplementary Questions and References. 

1. On the failure of the States to pay their quotas under 
the Articles of Confederation, see Walker, The Making of 
the Nation, 8-12 ; Hart, Formation of the Union, 109-111 ; 
Fiske, Critical Period, 104-105, 218-230. 



194 National Finances 

2. The history of our numerous tariff acts may be 
studied from Taussig, Tariff History of the United States ; 
Walker, The Making of the Nation ; Burgess, The Middle 
Period, and the Civil War and Reconstruction ; Hart, 
Formation of the Union ; Wilson, Division and Reunion. 

3. The rates of the tariff law now in force are stated in 
newspaper almanacs. Is this tariff high, low, or moderate 
in its rates ? 

4. In the Statistical Abstract will be found the list of 
items upon which duties and internal-revenue taxes were col- 
lected, with the amount yielded by each, for a series of years. 

5. What reasons can you assign for the taxation of oleo- 
margarine, mixed flour, and filled cheese ? 

6. What are proprietary articles ? At what rates were 
stamp taxes levied upon them under the law of 1898 ? 
What documentary stamps were used under this law ? See 
newspaper almanacs for 1899 and succeeding years. Also 
Rev. of R's, 18 : 48-52. 

7. How are internal -revenue stamps cancelled ? 

8. What peculiar conditions made the Whiskey Re- 
bellion possible ? Walker, 123-125 ; Hart, 163-164 ; Lodge, 
Alexander Hamilton (American Statesmen series), 180-184. 

9. Why should carriages have been taxed in our early 
history ? McMaster, History of the People of the United 
States, II, 614-615. 

10. Make a possible example showing the inequalities that 
would result from the apportionment of a direct tax among 
the States according to their population. 

11. a. What is a deficiency bill ? Harrison, This Coun- 

try of Ours, 58. 
&. What are riders to appropriation bills? Harri- 
son, 131-132. 

12. For the details of the income-tax law of 1894, see 
Howe, Taxation and Taxes in the United States under the 
Internal-Revenue System. 

13. Question for debate : Aside from its constitution- 
ality, was the income-tax law of 1894 a just measure? 
Forum, 17 : 1-13 ; 14-18 ; 19 : 48-56 ; 513-530 ; 521-531 ; 
N. Am. Rev., 160 : 601-606. 



National Finances 195 

14. Statistics answering the following questions may be 
found in the Annual Reports of the Secretary of the Treas- 
ury (Finance Reports) ; Statistical Abstracts ; Abridg- 
ments of the President's Message and Documents ; Monthly 
Summaries of Commerce and Finance issued by the Bureau 
of Statistics, Treasury Department ; newspaper almanacs 
and year-books. 

(a) What were the revenues of the last fiscal year ? The 
expenditures ? The chief items under each head ? Do you 
think that any of the expenditures were extravagant ? 

(6) Make a table representing revenues and expenditures 
for a series of years. How do you account for fluctua- 
tions ? 

(c) Estimate the per capita revenues and expenses for 
different years. 

15. The receipts of the United States government for 
1791 were $4,771,342; for the year 1899, $515,960,620. 
(Finance Reports, 1899, cxxxiv-cxxxvii. These figures do 
not include postal receipts. ) Compare the growth in rev- 
enues Avith the growth of the country in population and in 
wealth. The sources of National revenue, N. Am. Rev., 
168 : 297-309. 

16. The appropriations made by recent Congresses are as 
follows : 

54th Congress $1,045,000,000 

55th " 1,568,000,000 

56th " 1,440,000,000* 

What reasons are there for the growth of public expendi- 
tures? Atl. Mo., 87 : 45-55. See also Wright, What the 
Government Costs, Century Mag., 61 : 433-437. 

17. Statistics of the National debt since the foundation 

* These figures are larger than those given in the Statistical Abstract, 
because some items are omitted from the latter ; for the appropriations 
made by the 56 bh Congress these items were as follows : 

1901. 1902. 

Postal service $113,658,000 #123,952,000 

Permanent appropriations . . 76,503,000 71,358,000 

Sinking fund 53,000,000 53,000,000 

Postal deficit (estimated) . . . 8,000,000 8,000,000 



196 National Finances 

of the government may be found in the Finance Reports 
and in newspaper almanacs. Make a chart showing fluctu- 
ations of the debt. Account for the important changes in 
amount. 

18. Find in daily papers quotations of the current prices 
of National bonds. How do you account for differences in 
their prices ? How do the prices of these bonds indicate 
the Nation's credit ? The actual rates of interest that 
bonds yield may be calculated by the use of * ' bond-value 
tables. " A set of these tables, accompanied by an explana- 
tion, is found in Clow, Introduction to the Study of Com- 
merce, Appendix IV. 



CHAPTER XVm 

THE POWER OF CONGEESS OVER COiOIERCE 

In the conventions that assembled at Alexandria in 
1785 and at Annapolis in 1786, commerce was the most 
important subject discussed. Indeed, it was the neces- 
sity for a better method of regulating commerce that 
brought about these meetings. This problem was one 
of the difficult questions before the Constitutional Con- 
vention, and its solution was reached only by compro- 
mise. The clause * embodied in the Constitution was a 
victory for the advocates of an efficient National govern- 
ment, for Congress was given power 

To regulate commerce with foreign nations, and among the Article i, 

n d I 7 • 1 1 -r T -7 section 8, 

several Mates, and with the Indian tribes. clause 3. 

In the exercise of this power. Congress was made 
subject to two limitations. 

No tax or duty shall be laid on articles exported from Section 9, 

^ clause 5. 

any btate. 

No preference shall be given by any regulation of com- section 9, 
merce or revenue to the ports of one State over those of 
another; nor shall vessels bound to, or from, one State be 
obliged to enter, clear, or pay duties in another. 

In the regulation of foreign commerce,! Congress 
has enacted measures for the protection of shipping, by 
the maintenance of light-houses, buoys, and life-saving 

* Clauses 1 and 3 of section 8, Article I, are discussed under National 
Finances, pp. 182 and 191. 

+ The exercise of this power was carried to its extreme limit in the 
embargo act of 1807 and the non-intercourse act of 1809, 

197 



198 The Power of Congress over Commerce 



Foreign 
commerce. 



Navigation 



Immigra- 
tion laws. 



stations. Tlie navigation laws of the United States are 
also enacted under this provision of the Constitution. 
Regulations are prescribed under which vessels engaged 
in foreign commerce "enter" and "clear" ports.* Ves- 
sels that are "registered" in the .United States are 
entitled to the protection of this government in any 
part of the world. No vessels are registered except 
those owned by citizens of the United States, and no 
foreign -built vessel can be registered, f The vessels of 
foreign countries may not engage in the coasting trade 
of this country. Tonnage duties are levied upon both 
foreign and American vessels. The decline of American 
shipping (vessels of our registry carry only 10 per cent, 
of our imports and exports) has given rise to the de- 
mand for the repeal of some of the laws mentioned 
above. The granting of ship subsidies by the National 
government is another proposed remedy. A bill for 
this purpose was defeated in the last session of the 56th 
Congress. 

By virtue of its power over foreign commerce, 
Congress regulates immigration into the United States. 
Besides the Chinese, the following classes of people are 
excluded from the country : convicts, insane persons, 
paupers and those liable to become paupers, polyga- 
mists, persons having contagious diseases, and laborers 
under contract or agreement to perform labor or service 
in the United States ; there are excepted from the last 
class, persons engaged in the professions and skilled 
laborers employed in the establishment of new in- 
dustries. The 54th Congress passed a bill (known as 

*See these terms in the dictionary; also "entry "and "clearance." 
Notice that clause 6, quoted above, forbids the requirement of these 
processes in interstate commerce. 

t Congress made an exception to this rule when in 1892 it entered to 
our registry two foreign-built vessels, on consideration that the company 
owning them build two vessels of the same class in this country. 



Tlie Power of Congress over Commerce 199 

the Lodge bill) requiring an educational test for immi- 
grants ; it was vetoed by President Cleveland. 

While power to control foreign and interstate com- 
merce is delegated to Congress, the States still retain 
authority over the vast volume of business transacted what is 
entirely within their limits, which they regulate abso- commerce? 
lutely by their laws of trade and transportation. It is 
not easy to say, in every case, just where the limits of 
State and National authority lie. The United States 
Courts have decided that the State's power is complete 
over commerce that begins and ends within the State 
and does not materially affect the commerce that is 
interstate or foreign.* If, however, a commodity that 
is an object of commerce starts in one State, destined 
for another, its control, throughout its course, lies 
within the power of Congress. 

The following cases will serve to illustrate the manner in which 

the line is drawn between National and State powers over interstate 

commerce. In the State of Iowa, the sale of intoxicating liquors as 

beverages was prohibited ; but the United States Supreme Court held 

in 1888, that the State could not thereby prevent the sale, in the 

original packages^ of liquors that had been shipped into the State. The "orig- 

This would be an interference with interstate commerce ; the au- "L„ ,P^^^ 

age oaBc. 

thority of the State did not reach the traffic in imported liquors until 
the original packages had been broken. But Congress took action 
favorable to the State by enacting a law which placed imported 
liquors in the original package under State authority completely. 

The Supreme Court decided, in 1897, that those provisions of 
South Carolina's dispensary lawf which forbade residents of that 
State importing liquors for their own use, were an interference with 
interstate commerce, and, consequently, void.:j: 

* Cooley, Constitutional Limitations, 351. When the commerce is in- 
terstate, and Congress has not undertaken to regulate it, the State may 
do so ; provided, however, that its action tends to aid, not to hamper, 
this commerce. But an act of Congress wiU supersede State laws in such 
a case. 

t See p. 104. % Wines and Koren, The Liquor Problem, 180, 



200 The Power of Congress over Commerce 



Commerce 
by water. 



Control of 
commerce 
by rail- 
roads. 



Excessive 
rates. 



Interstate commerce includes that whicli is carried on 
by water, as well as land traffic. So the coast trade be- 
tween the States lies within the jurisdiction of Congress ; 
also commerce upon navigable rivers. "Wherever a 
river forms a highway upon which commerce is con- 
ducted with foreign nations or between States, it must 
fall within the control of Congress."* By its "river 
and harbor bills," Congress appropriates large amounts 
annually for the improvement of navigable rivers. 

Since the development of the great railroad systems 
of this country, the control of their interstate traffic 
has become a matter of the first importance. We have 
already noticed the fact that the railroads are common 
carriers,! and are consequently subject to legal regula- 
tion in the interest of the public. The dependence of 
the business world upon the interstate railroads in- 
creased as the practice of consolidating many short lines 
into a few great systems was developed. These systems, 
having the greater part of all interstate commerce 
within their control, began to unite, by making agree- 
ments among themselves, for the purpose of carrying 
out certain policies. Then evils appeared from which 
the public sought relief by an appeal to the power of 
Congress over interstate commerce. 

One of the evils consisted in the fixing of excessive rates for 
freight and passenger traffic ; railroads that had formerly been in 
competition with each other agreed to maintain these rates. But it 
was difficult to secure adherence to these agreements, so the system 
of "pooling "was resorted to. J Rates were fixed by each com- 
pany independently, but their earnings were all turned into a com- 

*Cooley, Constitutional Limitations, 728. Upon this subject many 
complicated cases have arisen. No attempt is made here to summarize 
them. 

+ See chapter on Police Powers, p. 100. 

X From the stand-point of the railroads it seemed necessary to avoid, 
in some way, the disastrous results of their " rate wars." These were in 
many cases injurious to public interests also. 



The Power of Congress over Commerce 201 

mon pool and then distributed among the companies concerned in Pooling, 
certain proportions previously agreed upon. Under this plan no 
member of the pool was able to increase its earnings by lowering 
charges and thus securing greater patronage. Consequently, the 
public suffered, as previously, from exorbitant charges. In another 
form of the pool, the freight itself was divided among the railroads 
at competitive points, in certain fixed proportions. 

The practice of making discriminations was another serious evil. Discrimina- 
When lower rates were given to some patrons than to others, the ^°'^" 
former had an advantage which enabled them to outbid their rivals 
in business. There was discrimination between places as well as 
between individuals. Goods were carried to certain cities at lower 
rates than were charged from the same starting point to other citieo 
at the same or even greater distances. The unfairness of such 
practices is apparent; they caused not only real hardship, but 
sometimes actual business disaster. 

As a means of curing these evils, Congress enacted, 

in 1887, the Interstate Commerce Act, applying to all Theinter- 

-, • , , • J- • 1 i T state Corn- 

common carriers engaged m transporting Ireignt and merce Law. 

passengers from State to State. We shall briefly sum- 
marize its provisions. 

1. All charges must be "just and reasonable." 2. 
Pooling agreements are prohibited. 3. It is unlawful 
to make discriminations by giving to any particular per- 
son, corporation, or locality an unreasonable advantage 
over others. This includes the granting of passes to 
others than railroad employees. 4. The "long and 
short haul " clause makes it unlawful for a common car- 
rier to charge more for the transportation of passengers, 
or the same kind of freight, over a shorter than a longer 
distance ; provided, however, that the transportation is 
"under substantially similar circumstances and condi- 
tions," over the same line, and in the same direction. 
5. All rates must be published and posted where they 
can be consulted by any person. 6. The Interstate 
Commerce Commission was created to supervise the 
administration of the law. 



202 The Power of Congress over Commerce 



The Inter- 
state Com- 
merce Com- 
misBion. 



Trusts. 



The Commission consists of five persons, appointed 
by the President and confirmed bj the Senate. It re- 
ceives complaints and conducts investigations and hear- 
ings. The Commission receives testimony and makes 
decisions upon the cases presented to it ; but it lacks 
the power to enforce observance of the law by the inflic- 
tion of penalties. This can only be done by the ordi- 
nary legal procedures resulting in the conviction of the 
accused party in a court. Since this is a difficult matter 
to accomplish, the railroads have persistently violated the 
law in many ways. They have not maintained their pub- 
lished rates, but have been guilty of discrimination by 
"rate-cutting, making rebates, underbilling, false weigh- 
ing, false classification, and endless other devices." * In 
fact, the law is not enforced, and the Commission, in their 
Keport dated January 15, 1900, say that " the present law 
cannot be properly enforced." f Yet the influence of the 
Commission has been considerable. Partly for this rea- 
son and also because of the voluntary action of railroad 
authorities, the evils of interstate commerce have been 
materially lessened since the enactment of the law. 

Within recent years the control of trusts by both 
State and National authorities has become a matter of 
considerable importance. A trust is a combination of 
corporations uniting to secure economy in the adminis- 
tration of an industry and to avoid some of the losses 
due to competitive methods. In the earlier forms of 
trusts, corporations engaged in the same business sur- 
rendered their powers to a board of directors, or 
trustees. But this form of organization was declared 
illegal in several States, so a trust is generally organized 
at the present time as a new corporation, owning either 



* Seventh Annual Report of the Interstate Commerce Commission, 
1893, p. 6. 
t Thirteenth Annual Report, 1899, p. 5. 



The Power of Congress over Commerce 203 

the stock or the property of its constituent members. 
The trust secures a charter in a State where the condi- 
tions are favorable* and then may carry on business in 
any State of the Union. Since those who form a trust 
hope to secure control of the market for the commodity 
produced or handled, their action frequently tends to state 
create a monopoly. Now, the common law forbids any 
unreasonable restraint of trade ; and in a majority of 
the States, statutes have been enacted, or constitutional 
provisions adopted, specifically prohibiting such com- 
binations as trusts when they tend to destroy competi- 
tion, control prices, or limit production. 

Congress has also taken action in this matter. The 
Anti-trust Law of 1890 makes illegal any combination in The Federal 
restraint of trade or commerce among the several States Law. 
or with foreign nations. The enforcement of this law 
has given rise to many interesting cases. 

In connection Mdth the Chicago strike of 1894, the Supreme 
Court held that the Anti-trust Law forbade not only combinations of 
capital, but combinations of labor as well, if they were in restraint 
of interstate commerce.! It has been decided that a trust engaged 
in the business of refining sugar did not fall within the scope of this 
law, since the manufacturing process in question did not constitute 
commerce.:}: Again, an agreement among the railroad companies 
of the Trans-Missouri Freight Association to establish and maintain 
rates was considered a violation of the law of 1890, because this 
was a contract in restraint of interstate commerce (1897). Another 
decision, made in 1899, declared illegal a combination of iron pipe 
manufacturers § who had made an agreement not to compete with 
each other ; but their action was illegal only as to the sale of pipe 
in interstate business. 

* The laws of New Jersey and a few other States facilitate the forma- 
tion of corporations of this nature. Most of the trusts formed in 1899, 
with a total capitalization of three billion dollars, were incorporated in 
New Jersey. 

t The case of the United States vs. Debs et al. 

X Case against American Sugar Refining Company, 

§ The Addyston Pipe and Steel Company. 



204 The Power of Congress over Commerce 



Supplementary Questions and References. 

1. Should the United States adopt the policy of granting 
ship subsidies? Rev. of R's, 21 : 319-335 ; 825-326 ; 326- 
338 ; 33 : 197-203 ; 21 : 319-328 ; N. Am. Rev., 156 : 398- 
407 ; 163 : 470-478. The ship subsidies of other countries 
are displayed in United States Consular Reports, No. 112, 
Jan. 1890. 

3. How is it apparent that the powers of Congress ' ' keep 
pace with the progress of the country ? ' ' Cooley, Principles 
of Constitutional Law, 64-65. 

3. For statements of cases involving the control of inter- 
state commerce, see Cooley, 69-75. 

4. River and Harbor Bills, N. Am. Rev., 158 : 343-352. 

5. On the powers of the Interstate Commerce Commission, 
see N. Am. Rev., 167 : 543-557; 168: 62-76; Pop. Sci. 
Mo., 56 : 614-616 ; Forum, 17 : 207-216 ; 37 : 333-336 ; 551- 
556. Outlook, 64 : 626-628. 

6. What are the grounds for opposition to railroad pool- 
ing ? N. Am. Rev., 168 : 331-335 ; 506-509. 

7. The economic aspects of trusts are treated in Jenks, 
The Trust Problem ; Ely, Trusts and Monopolies ; "Wright, 
Practical Sociology, 411-413 . Also, Bulletin of the Depart- 
ment of Labor, No. 29, July 1900 ; Hadley, The Good and 
Evil of Industrial Combinations, Atl. Mo., 79 : 377^385. 
A list of trusts is given in Rev. of R's, 19 : 675-678 ; Had- 
ley, The Formation and Control of Trusts, Scribner's Mag. , 
26 : 604-610 ; The Danger in Trusts, Century, 38 : 152-153 ; 
Industrial and Railroad Consolidation, N. Am. Rev., 172 : 
641-700 (a group of articles). 

8. State control of trusts ; Forum, 24 : 107-118 ; Atl. Mo., 
85 : 47-53 ; Nation, 71 : 4-5 ; N. Am. Rev., 168 : 210-317 ; 
169 : 210-217 ; Arena, 22 : 312-319 ; Outlook, 62 : 879-881. 

9. The National Anti-trust Law. Forum, 26 : 452-458 ; 
23:298-307; 28:732-736; N. Am. Rev., 169 : 375-398 ; 
Nation, 70 : 431-432. 

10. On Chinese exclusion, see N. Am. Rev., 166 : 85-97 ; 
236-333 ; 171 : 314-330. 



TJie Poiuer of GoTigress over Commerce 205 

11. Should more restrictions be laid upon European im- 
migration? N. Am. Rev., 152 : 27-36 ; 154 : 424-438 ; 158 
494-499 ; 162 : 649-657 ; 163 : 252-254 ; 164 : 526-536 ; 165 
393-402 ; Outlook, 55 : 721-722 ; 58 : 508-509 ; 59 : 951 ; 60 
990 ; Arena, 18 : 788-801 ; Pop. Sci. Mo., 49 : 625-680 ; 50 
841-843 ; Atl. Mo., 71 : 646-655; 75 : 345-353 ; 77 : 822-829 ; 
Wright, Practical Sociology, 46-55 ; Forum, 30 : 555-567. 



CHAPTEE XIX 



MONEY OF THE UNITED STATES 



I. Metal Money oe Coin. 



Article I, 
section 8, 
clause 5. 

Claase G. 



The mints. 



Whenever men trade or exchange commodities they 
find some form of money very convenient, if not really 
necessary. A variety of things have served as money 
among peoples in different stages of civilization. Gold 
and silver have become the chief money metals of civilized 
countries on account of their high value, and certain 
other characteristics. The function of coining money 
has been assumed by governments because in this v^ay 
only can uniformity in the size and composition of coins 
be secured. The government stamp becomes a guaran- 
tee of the value of a coin when otherwise each might 
have to be weighed and tested before it could be ac- 
cepted. Congress has been vested with the power 

To coin money, regulate the value thereof, and of foreign 
coin, and fix the standard of weights and measures. 

To provide for the punishment of counterfeiting the se- 
curities and current coin of the United States. 

The government coins money at its mints, which are 
located at Philadelphia (established in 1792), Denver, 
New Orleans, and San Francisco. Gold or silver ore 
must first be refined before it is sent to the mint as hull- 
ion. Here it is assayed * to determine its purity. The 
pure metal is too soft for use as money, so an alloy of 

* Assay offices are also maintained at New York, St. Louis, Dead- 
wood, Helena, Boise, Seattle, and Charlotte, N. C. 

306 



3Ioney of the United States 207 

copper is added in the making of gold coins and silver 
dollars. In the " standard " metals thus produced the 
alloy is one-tenth of the whole ; that is, the metal is 
nine-tenths (or .900) "fine." 

In the process of minting, the standard metal is first 
rolled into strips of the thickness of the coin. From 
these strips round pieces are cut by heavy machinery. Process of 
The weight of each piece is tested and when found ac- 
curate it goes to another machine, from which it comes 
with the edge slightly raised on both sides. This device 
decreases the wear on the faces of the coin. In the next 
operation, the disk of gold or silver is subjected to im- 
mense pressure between two engraved dies ; in this way 
the proper inscriptions are stamped upon its faces. At 
the same time the edge of the coin is milled. 

The money of a country is not only the common me- 
dium of exchange, ordinarily accepted at its face value ; 
it is also a standard of value in terms of which all com- 
modities are measured. By its use all trade is greatly Legal 
facilitated and rendered secure. With the same object 
in view every government declares certain kinds of 
money to be "legal tender," i.e., money that must be 
accepted by a creditor in jDayment of a debt. This does 
not mean that one must sell his goods for the legal ten- 
der money ; but if a debt has been contracted without 
agreement as to the kind of money with which it is to be 
paid, the debtor may offer the legal tender in payment 
and it must be accepted. 

A government may pursue one of two distinct policies 
toward the coinage of a certain metal. (1) It may agree 
to coin all the bullion of that metal that may be brought Free 
to the mints by individuals ; this is free * coinage. (2) 

* The word fj-ee means unlimited. It has no reference to the charge 
for coinage mentioned on p. 209. The definition of free coinage given 
above states its meaning as the phrase is commonly used. The following 



208 



Money of the United States 



Bimetal- 
lism. 



The government may limit tlie amount of bullion that 
will be coined ; this may be called limited coinage. 
Under free coinage of any metal the government makes 
no effort to control the amount of bullion v^rhich will be 
coined ; it coins " on private account " all the bullion 
brought to its mint. Under limited coinage a certain 
amount of the bullion is coined " on government 
account." 

Since the first coinage act of our government (1792) 
there has been free coinage of gold. There was also free 
coinage of silver until 1873. Because during this time 
there was free coinage of both metals, and both gold and 
silver dollars were full legal tender, we had nominally, 
at least, bimetallism or a double standard. The law of 
1873, by stopping the coinage of silver dollars, brought 
about the single gold standard.* After 1878 there was 
limited silver coinage until the purchase of silver bul- 
lion was discontinued in 1893. 

Below is a list of the coins now made at the mints of 
the United States. 



Coins of the 

United 

States. 



Gold. 
Double eagle 
Eagle 
Half eagle 
Quarter eagle 



Silver. 
One dollar 
Half dollar 
Quarter dollar 
Dime 



Minor coins, the nickel and one cent piece. 



The " standard " coins of each kind are of course the 

The ratio, gold dollar and the silver dollar. The weight of the 

pure metal in the gold dollar is fixed by law at 23.22 

is a more accurate definition : free coinage contemplates the coining of all 
the bulhon brought to the mints, either gratuitously or with a deduction 
not to exceed the actual expenses of coinage. 

* In reality the country had been on a gold basis for a number of 
years. The number of silver dollars coined between 1834 and 1873 was 
only 6,525,000. 



Money of the United States 209 

grains (Troy weight). In a silver dollar, the pure metal 
weighs 371.25 grains, or 15.988+ times as much as in 
the gold dollar. Hence we say that the ratio of our 
standard coins is 15.988+ to 1, or approximately 16 : 1. 
This is called the mint ratio. Since our coins are .9 
fine, the total weights are 25.8 grains for the gold dollar 
and 412.5 grains for the silver dollar. 

Any one who has gold may take it to the mint and 
receive in exchange exactly the same amount of gold in 
gold coin. For the alloy which has been added he will 
pay a "mint charge" of two cents per ounce. It is 
evident, therefore, that 23.22 grains of gold are worth 
exactly $1.00 at the mint ; this fixes the price of gold 
everywhere and under all conditions. 

With silver the case is different. In a silver dollar 
371.25 grains of pure silver pass as $1.00, but their in- 
trinsic value may be less. You may find in the daily 
papers, market quotations of the price of silver bars, as 
of wheat and other products. In April, 1901, silver was 
quoted at 60 cents an ounce ; consequently, for a dollar 
one might buy 800 grains of silver on the market. Now 
since one can buy only 23.22 grains of gold for a dollar, 
the market ratio of gold and silver was 34.45 + : 1. A 
simple calculation will show that at this value the silver 
in a silver -dollar was worth less than 46 1 cents. If now Market 
the government should purchase silver at the market 
price and coin it into dollars, there would be a profit of 
53| cents for each dollar coined. This profit is called 
seigniorage, though this was not the original meaning of 
the term. 

Before 1873, when we had free coinage of both 
metals, the mint and market ratios were very nearly the 
same. Certain causes (some say the act of 1873 itself, 
others say the enormously increased production of 
silver) have brought about the decline in the value of 



ratio. 



210 



Money of the United States 



silver. How great this decline has been is evident from 
the accompanying chart : 



The silver 
question. 



Ratios 

10 to 1 

11 to 1 
l2to 1 
13 to 1 
14-to 1 

r5 to 1 
16 to 1 


1500 1600 1700 1800 1850 190o|l^!'°^, 


































11 to 1 

12 to 1 

13 to 1 

14 to 1 
1.5 to 1 

16 to 1 

17 to 1 

18 to 1 
19to1 

20 to 1 

21 to 1 

22 to 1 

23 to 1 

24 to 1 

25 to 1 

26 to 1 
27to1 

28 to 1 

29 to 1 
30to1 

31 to 1 

32 to 1 

33 to 1 




"~" 


"" 


-.^ 


































\ 




































































\ 








^^ 


































X 

















~\ 






















en 




















\ 










\| 








u 


90 


If the value of gold be represented by one 










of the horizontal lines, then the broken line 










represents the fluctuations in the value of 
silver. 























































































Since the decline became noticeable there has been 
agitation in favor of resuming the free coinage of silver 
at the original ratio (16:1). It is this demand for "free 
silver " which furnishes the key to the history of our 
silver coinage since 1873 and to the discussions over 
money in recent political campaigns. This question is 
involved in the larger one of bimetallism — a deep and 
intricate economic problem upon both sides of which 
eminent authorities are arrayed. We cannot enter into 
this discussion, but an outline of recent silver legislation 
is necessary to the understanding of our present mone- 
tary system. 



Money of the United States 211 

As already stated, in 1873 tlie silyer dollar -svas 
dropped from tlie list of coins to be minted. Its legal 
tender quality Tivas not altered until, by a law of 1874, 
this was limited to amounts of five dollars or less. In 
1878 Congress passed the Bland act, directing the Lawofisrs. 
Secretary of the Treasuiy to purchase from $2,000,000 
to $1,000,000 worth of silver bullion each month. This 
was to be coined into silver dollars, which once more 
became full legal tender. The silver pui'chased under 
this act was coined into §378,000,000. 

By the Sherman act of 1890 the Bland act was re- 
pealed ; the Secretary of the Treasiuy was required to 
purchase four and one-half million ounces of silver bul- 
lion monthly (or so much thereof as might be offered) 
at the market price, but not to exceed $1.29 an oimce. 
This bullion was to be paid for by a new kind of paper 
money called Treasury notes of 1890. For one year two 
million ounces of this bullion were to be coined each 
month ; after that time only enough was to be coined to 
redeem the Treasury notes as they might be returned to 
the Treasury. "When redeemed in silver the Treasury- 
notes are cancelled or destroyed. That clause of this 
act which required the purchase of silver was repealed 
by Congress in 1893 under cii'cumstances to be described Eepeai of 
hereafter. Since that date no silver bullion has been clause in 

1S93. 

purchased by the government, and since July 1, 1891, 
silver dollars have been coined only in small amounts to 
redeem Treasury notes. 

The silver coins of denominations less than one dollar are called 
subsidiary coins. The silver half-dollar Tveighs only 192 grains 
and is therefore lighter proportionately than the silver dollar. The 
quarter and ten cent piece are correspondingly reduced in weight. Subsidiary 
They are legal tender only in sums of ten dollars or less. The 
five cent piece (nickel) Treighs 77. 16 grains and is composed of 75 
per cent, copper and 25 per cent, nickel. The one cent piece 



212 Money of the United States 

Minor weighs 48 grains and is composed of 95 per cent, copper and 5 per 

coins. cent, tin and zinc. These minor coins are legal tender in amounts 

of twenty-five cents or less. 

II. Papee Money. 

There are at present five kinds of paper money in cir- 
culation. They are United States notes, silver certifi- 
cates, gold certificates, Treasury notes of 1890, and 
National bank notes.* The United States notes were 
created in the early years of the Civil War as a means 
of paying the enormous expenses of the government. 
Taxation is the ordinary method of providing funds for 
government expenses ; but it is difficult to create a new 
system of taxation and some time is required to put it 
into operation. In the year 1862 the government was 
without cash in its treasury. Efforts had been made to 
borrow money by the sale of bonds, but the bonds had 
depreciated in value. It was therefore determined that 
the government should print certain designs on pieces 
of paper, call these money, and compel people to accept 
them in payment of debts by declaring them legal ten- 
United der. These were the United States notes, sometimes 

states 

notes. called "legal tenders." Three issues of $150,000,000 

each were authorized by Congress on these dates : 
February 25, 1862, July 11, 1862, and March 3, 1863. 
With this money the government paid the salaries of 
its officers and soldiers and purchased supplies that 
were necessary for carrying on the Civil War. 

Probably these issues were intended to be temporary, 
the government expecting to redeem the notes within a 
few years. It was in reality a method of forcing peo- 

* A sixth kind, currency certificates, are issued to National banks in 
exchange for United States notes deposited in the Treasury. Their de- 
nominations are not less than $5,000. The term "greenbacks" may be 
applied to any kind of paper money, though usually it means United 
States notes. 



Money of tJie United States 



213 



pie to loan money to the goYernment. But tlie gov- 
ernment could not in this ^vay escape the necessity of 
taxation, for ultimately it must in some way obtain gold 
and silver with which to redeem the notes. 

When a government refuses to pay its obligations in 
coin and pays instead only paper money containing 
promises to pay coin or specie, at some future time, it 
" suspends specie payments." If the paper money is 
issued in excessive amounts, it will depreciate in value, 
that is, a certain amount of it will be worth less than 
the same amount of coin. This is what happened when 
the United States notes were issued. The history of 
their depreciation until at one time they were worth 
only forty cents on a dollar is told by the accompany- 
ing chart : 



Deprecia- 
tion. 



VALUE IN GOLD OF OKE DOLLAK IX U. S. NOTES, 



IS 
25i 


52 - 1865 1870 T875 1879 


\ 


|\ 






A, 




























\ 


/\ 


V 


r\ 


■ V 
































V 


1 





































































After much discussion Congress finally decided, by 
an act passed in January, 1875, that it would resume 
specie payments on the first day of 1879 by redeeming Resmnptjoa 
in gold all of the United States notes that might be paymente. 
presented for redemption. When this time arrived the 
amount had been reduced to $346,681,016, and Con- 
gress had forbidden any further reduction. This is the 
amount at present outstanding. The resumption of 
specie payments necessitated the presence of gold in 
the Treasury with which to redeem the notes. Accord- 



214 



Money of the United States 



Constitu- 
tionality of 
legal 
tenders. 



ingly, the law of 1875 authorized the Secretary of the 
Treasury to obtain gold by selling bonds. Just before 
January 1, 1879, the notes once more passed at face 
value, and but few were presented for redemption. 
The amount outstanding was not decreased, for instead 
of cancelling those that were redeemed the Secretary 
was obliged by law to re-issue them in making payments 
from the Treasury. This caused trouble in later years. 

The government was obliged to pay the interest on 
its Civil War bonds in gold ; for otherwise they would 
have fallen greatly in value. The United States notes 
were therefore made legal tender for all debts except 
duties on imports and interest on the public debt. The 
gold received from customs duties was the source of 
supply from which interest payments were made. 

There can be little doubt that the framers of the Con- 
stitution never intended that Congress should have the 
right to declare anything but gold and silver legal ten- 
der. The Constitutionality of the laws that authorized 
the "legal tenders" was therefore one of the most im- 
portant questions ever submitted to the Supreme Court. 
The final decision * was in favor of the right of Congress 
to exercise this j)ower. The Constitutional basis of 
this right is implied by some from the power to levy 
and carry on war ; by others from the power to borrow 
money ; by still others from the power to coin money. 
The court rested its decision finally upon the ground 
that this power is "one of the powers belonging to sover- 
eignty in other civilized nations," and that as it is not 
expressly withheld by the Constitution, it is by neces- 
sary implication vested in Congress in connection with 
the powers over the currency expressly granted. f 

Let us now notice two kinds of our paper money that 

* Rendered in 1884. JuUiard i;s. Greenman. 110 U. S., 421. 
+ Cooley, Principles of Constitutional Law, 83. 



3Ioney of the United States 215 

are quite similar. When Congress, by tlie Bland act of 
1878, authorized the coinage of silver dollars, it provided 
also for the silver certificates. Silver dollars are bulky suver 
and inconvenient to handle. Any holder of them may 
deposit them in the United States Treasury and receive 
in exchange silver certificates. The silver dollars re- 
main in the Treasury. 

Gold certificates are issued upon the same plan. 
These two kinds of paper money are therefore merely GoM 

certificates. 

certificates of deposit. To redeem them the division of 
redemption of the Treasury holds specie in amounts ex- 
actly corresponding to the certificates outstanding. 

The circumstances under which the Treasury notes 
of 1890 were issued have been described. These notes Treaenry 
were made redeemable in coin ; that is, in either gold or i89o. 
silver, at the option of the government. In the years 
immediately preceding the financial panic of 1893 there 
was a great scarcity of gold in the money markets of 
this country. It was necessary to ship much of our 
gold abroad, and gi'eat quantities were hoarded by 
banks and by individuals. The government had pledged 
itself to redeem the United States notes in gold, and it 
maintained for this purpose a " gold reseiwe " which had 
never been aUowed to fall below $100,000,000. When 
gold became scarce, bankers brought these notes to the 
Treasury for redemption in such amounts as to threaten 
the exhaustion of the reserve. The law requiring the 
re-issuance of the notes made matters worse, for there 
was literally no limit to the amount that might be pre- 
sented for redemption. 

The Treasury notes of 1890 were redeemable in either 
gold or silver, but the law of 1890 had declared that it 
was "the established policy of the United States to 
maintain the two metals on a parity with each other, 
upon the present legal ratio (15.988 to 1) or such ratio 



1893. 



216 Money of the United States 

as may be provided by law." Now, in the judgment of 
tlie administration (Mr. Cleveland was then President) 
the refusal to redeem these notes in gold, when gold was 
demanded, would at once destroy the parity of the two 
kinds of money ; that is, gold would rise to a premium, 
silver money would depreciate, the silver dollar would 
fall perhaps to its intrinsic value, and the United States 
would be on a silver basis. Consequently, it was de- 
cided to redeem the Treasury notes in gold ; the amount 
of these notes was about ^150,000,000, and this mass of 
money was added to the legal tenders as a possible drain 
upon the gold reserve. Since, through the purchase of 
silver, the amount of Treasury notes was constantly in- 
creasing, a special session of Congress repealed (Novem- 
crisisof ber 1, 1893) the purchase clause of the Sherman act. 
Further, as the gold reserve decreased below $100,000,- 
000, it became necessary, if the government's policy 
was to be maintained, to buy gold by the sale of bonds. 
This had been authorized by the act of 1875 already men- 
tioned (see pp. 213, 214). The following bond issues 
were therefore made : * 

Date. Amount. Time. Eate. 

1894 February $50,000,000 10 years 5 per cent. 

" November 50,000,000 10 " 5 " " 

1895 February 62,315,400 30 " 4 " " 

1896 January 100,000,000 30 " 4 " " 

The public debt was thus increased by $262,315,400. 
The foregoing history reveals the haphazard and un- 
scientific character of our monetary system. It has this 
character because after 1878 our government adopted a 
half-way policy : in practice we had neither bimetallism 
nor the single gold standard. It was upon this issue 
that the election of 1896 turned. Hence the Kepublican 

* These bonds appear in the Public Debt Statement (see p. 193) ; the 
greater part of the five per cents have been exchanged for the new two 
per cents. 



Money of ilie United States 217 

policy of Air. McKinley's administration resulted in the 
financial law of 1900. This law provides for the main- Lawofi900. 
tenance of the single gold standard. The gold dollar is 
the unit of value, and all other kinds of United States 
money are to be maintained at a parity of value Avith 
this standard. All bonds of the United States as well 
as the United States notes and the Treasury notes of 
1890 are redeemable in gold. 

To insTire the redemption of the notes a reserve fund 
of $150,000,000 in gold is maintained. The United 
States notes redeemed in gold from this resei-ve are not 
re-issued directly, but they are exchanged for gold from 
the general fund of the Treasury. From the general 
fund they will get back into circulation. In this way 
the reserve will ordinarily be maintained. If it should 
fall below $100,000,000, gold may be purchased, as in 
former years, by the sale of bonds. 

The Treasury notes of 1890 are gradually to be re- 
tired, their places being taken by silver certificates. To 
facihtate these currency transactions, there are estab- 
lished in the Treasury Department two new divisions — 
one of Issues and the other of Redemptions. 

Four kinds of paper money have been described ; 
there remains the fifth kind. National bank notes. 
National banks are under the control of a bureau in the National 
Treasury Department, having for its head the Comp- s^°tem. 
troller of the Currency. A National bank is organized 
in much the same way as other corporations, by any 
number of persons, not less than five. The minimum 
amount of capital stock a bank may have depends upon 
the size of the place where the bank is located.* 

* Minimum. Capital Stock. Population. 

$25,000 3,000 or less. 

§50,000 3,000 to 6,000. 

§100.000 6,000 to 50,000. 

§300,000 Over 50,000. 



bonds. 



218 Money of the United States 

Upon the basis of its capital stock the bank performs 
the ordinary banking functions ; that is, it makes loans, 
discounts notes, buys and sells exchange. In addition 
to these functions National banks have another not at 
present exercised by other banks — they issue National 
bank notes for circulation as money of the United States. 
The entire business of these banks is conducted under 
regulations of the National law, and they are subject to 
inspection by National officers. 

When a National bank is organized it must invest a 
sum of money equal to at least one-fourth of its capital 
in United States bonds. These may be purchased at 
any time from a broker. The bank must deposit them 
Deposit of in the Treasury of the United States ; but they are still 
the property of the bank and it receives the interest 
from them. The bank will then receive from the Comp- 
troller of the Currency, National bank notes equal in 
amount to the par value of the bonds deposited. The 
president and the cashier of the bank sign each note, 
and they may then be loaned or paid out for any pur- 
pose in the ordinary course of business. The bonds 
constitute the security for these notes. A National bank 
may fail ; that is, its depositors may never receive back 
their money ; but the holders of National bank notes 
will lose nothing so long as United States bonds are 
good security. For if the bank cannot redeem its notes 
in lawful money according to its promise, the Comp- 
troller of the Currency will sell the bank's bonds and 
thus obtain money with which to redeem them. This 
is the reason why we never hesitate to receive one of 
these notes even though the responsible officials of the 
bank may be entirely unknown to us. 

The advantage that National banks seem to have in being able to 
draw double interest on the amount invested in bonds is much 
lessened by the following facts : (1) Banks must have a deposit 



Money of the United States 219 

in the United States Treasury for the redemption of their notes, National 
^hich bears no interest. (2) Their circulation is taxed one-half iifteresfon 
per cent. (3) The bonds are above par, and consequently the act- bonds, 
ual rate of interest is less than the nominal rate. (4) Other fees 
and charges are exacted by the goyernment. Eor these reasons, 
and because National banks are subject to stricter inspection than 
banks organized under the laws of most states, private and state 
banks are constantly being organized in competition with them. 
The number of National banks in July, 1901, was 4,178. 

The following kinds of money are now full legal tender : all 
gold coins, silver dollars. United States notes (with the exceptions 
noted}, and Treasury notes of 1890. The gold and silver certifi- 
cates and National bank notes are not legal tender. 

The clause by virtue of which Congress possesses 
power " to coin money " also gives it authority " to fix 
the standard of weights and measures." It was only standard of 
during the last session of the 56th Congress, in 1901, me^B^s.° 
that a law was enacted giving full eflfect to this grant 
of power. The only standard previously adopted by 
law was the English Troy pound; all other measure- 
ments of weight, distance, and capacity were based upon 
standards fixed by European governments. Standard 
thermometers and measures based on the metric sys- 
tem came from France, while standards of electrical 
measurement were German. Millions of dollars were 
spent annually by manufacturers, scientists, and others 
in obtaining standardized instruments from abroad. 
A law of 1901 established a National Standardizing 
Bureau in the Treasury Department, and appropriated 
money for a laboratory at which the standards used 
in all the applied sciences will be kept. A director, a 
physicist, a chemist, and their assistants will exercise 
the functions of the Bureau for the National, State, and 
municipal governments, for educational institutions, 
and for individuals engaged in pursuits requiring the 
use of standardized instmiments. 



220 Money of the United States 

SUPPIiBMENTART QUESTIONS AND REFERENCES. 

1. What things have been used as money besides metals ? 
What qualities of gold and silver have made them the com- 
mon money metals ? Ely, Outlines of Economics, 143-143 ; 
Laughlin, Elements of Political Economy, 69-72; Walker, 
Political Economy, 102-104; Encyclopedia articles on 
money and coinage. 

2. a. Weigh a five dollar gold piece on a druggist's 

scales ; weigh five silver dollars. What is the 
ratio of these weights ? 

&. Put a silver dollar in one side of a balance, and one 
dollar in subsidiary silver coins in the other. 
What is the result ? Why ? See an account of 
the monetary laws of 1853. (References in ques- 
tion 14.) 

c. Balance an old coin against a new one of the same 
denomination. Is the former worth less than the 
latter ? Coins become abraded and yet pass at 
face value except in international trade. Coins 
shipped abroad are weighed to ascertain their 
true value. 

3. The present ratio was fixed in 1837. By the law of 
1792 the gold dollar contained 24.75 grains of pure metal, 
and the silver dollar 371.25 grains. What was the mint 
ratio at that time ? 

4. Calculate the ratio between the total weights of the 
gold and silver dollars. Calculate the total and fine 
weights of the other gold and silver coins. 

5. What is the value of an ounce of gold ? Of a pound ? 
If you are ' ' worth your weight in gold' ' what is your value ? 

6. What is the present market value of silver? How 
many grains can you buy for $1? What is the market 
ratio of gold and silver ? What is the value of the silver 
in a silver dollar ? 

7. No nation has at present a bimetallic monetary sys- 
tem. What nations have the single silver standard ? The 
gold standard ? What is meant by international bimetal- 
lism ? (The history of the Latin Monetary Union furnishes 
the best example of this.) Encyclopedia articles on bi- 



Money of the United States 221 

metallism ; Laughliu, chapter 27; Walker, pp. 345-355; 
Bullock, Introduction to the Study of Economics, 289-300; 
Andrews, An Honest Dollar, chapter 2. 

8. Under the act of 1890 the government purchased 1G8,- 
674,682 ounces of bullion for $155,931,002. "What Avas the 
average market price of silver ? What ratio does that rep- 
resent ? 

9. Can you explain fluctuations in the relative values of 
gold and silver in the chart on p. 210 ? Construct a chart 
in which the value of silver is represented by a straight 
line, and the value of gold by a broken line. Does one 
chart tell the truth more accurately than the other? 

10. Explain fluctuations in the value of United States 
notes (chart, p. 213). Construct a chart representing the 
premium on gold by a broken line. 

11. The space required to store 1,000,000 silver dollars is 
250 cubic feet. On April 30, 1901, there were in the Treas- 
ury 436.485,494 silver dollars. How much space was neces- 
sary for their storage ? 

12. On July 1, 1901, the total amount of money in circu- 
lation in the United States was $2,189,567,149. The popu- 
lation was estimated at 77,872,000. Calculate the per 
capita circulation. How do these amounts compare with 
ijheper capita in other countries ? See newspaper almanacs. 

13. What positions were taken on the money question by 
the political parties in the last Presidential campaign ? 

14. The f olloAving books contain accounts of our mone- 
tary history : Knox, United States Notes ; White, Money 
and Banking ; IS'oyes, Thirty Tears of American Finance ; 
Taussig, The Silver Situation in the United States; An- 
drews, An Honest Dollar; Bullock, Introduction to the 
Study of Economics; Laughlin, Political Economy; Ke- 
port of the Secretary of the Treasury, in Abridgment of 
President's Message and Documents. 1895-96, 1S7-246. (A 
valuable account, containing several official reports.) 

15. Statistics of coinage, value of silver, production of pre- 
cious metals, etc. , may be found in the Statistical Abstract ; 
Finance Reports ; Treasury Department Circulars, No. 123 
and No. 143 ; Reports of the Secretary of the Treasury in 
Abridgment of the President's Message and Documents. 



CHAPTEE XX 

OTHEE GENERAI. POWERS OE CONGRESS 

I. Power of Naturaxization. 

Naturalization is the process by which a foreigner 
becomes a citizen. The first section of the XlVth 
Amendment declares the following classes to be citi- 
zens : " All persons born or naturalized in the United 
States and subject to the jurisdiction thereof, are cit- 
Who are izens of the United States and of the States wherein they 
reside." The Dred Scott Decision, given by the United 
States Supreme Court in 1857, was based on the prin- 
ciple that a slave who was the descendant of a slave 
could not become a citizen according to the interpre- 
tation of the Constitution. But the Civil Rights Act of 
1866 declared that these persons were entitled to the 
rights of citizenship. Could this Act of Congress be 
enforced so long as the decision of the Supreme Court 
was unreversed ? All such complications were settled 
therefore by the definition of citizenship in the Amend- 
ment. The section has been interpreted to apply to 
"white persons and persons of African descent." An 
Act of Congress in 1882 expressly prohibits the natural- 
ization of Chinamen. Naturalization has also been 
denied to natives of Japan and of Burmah. But the 
Supreme Court has decided that a child born in the 
United States of Chinese parents is a citizen.* 

Previous to the adoption of the Constitution, the 
individual states had the right to determine their own 

* United States vs. Wong Kim Ark, 169 U. S., 649. 
232 



Other General Poivers of Congress 



223 



rules of naturalization. Much confusion thus arose be- 
cause of the different requirements in the various States, 
and with little discussion the Constitutional Convention 
declared that : 

Congress shall have the poiver to establish a uniform rule 
of naturalization and uniform laics on the subject of bank- 
ruptcies throughout the United States. 

The number of years of residence in the United States 
required before an alien might be admitted to citizenship 
varied until 1802 when the present rule of five years 
was adopted. A foreigner who has reached the age of 
eighteen years must, at least two years before admis- 
sion to citizenship, appear before a court of record 
having common law jurisdiction, or before the clerk of 
such a court, and declare uj)on oath that it is bona fide 
his intention to become a citizen of the United States 
and to renounce forever all allegiance to any govern- 
ment formerly having jurisdiction over him. If he has 
borne any title of nobility he must renounce it. This 
declaration is then recorded and the clerk furnishes the 
applicant with a certified copy which is sometimes 
called his " first papers." 

After two years from the declaration of intention, 
provided he has resided continuously within the United 
States at least five years and within the State or terri- 
tory where the court is held at least one year, he must 
appear in open court and declare on oath that he will 
support the Constitution of the United States and ab- 
solutely " renounce and abjure all allegiance and fidel- 
ity to eveiy foreign prince, potentate. State, or sover- 
eignty whatsoever." Two witnesses must testify to 
his term of residence and declare that during the time 
"he has behaved as a man of good moral character, 
attached to the principles of the Constitution of the 
United States, and well disposed to the good order and 



Section 8, 
clause 4. 



How an 
alien be- 
comes a 
citizen. 



Declaration 
of inten- 
tion. 



Certificate 
of natural- 
ization. 



224 



Othei' General Poivers of Congress 



status of 
minors. 



happiness of the same." These facts are recorded and 
he is granted a certificate of naturalization. His wife 
and children under twenty-one years of age become cit- 
izens at the same time. 

The children of naturalized citizens born abroad 
are regarded as citizens. Children of foreigners born 
in this country and residing here may elect their al- 
legiance. Any alien coming to the United States be- 
fore he is eighteen years old may be admitted to full 
citizenship, upon the declaration of his intention, after 
he has resided in the United States five years and is 
twenty-one years of age. He must be able to prove a 
good moral character by two witnesses and satisfy the 
court that, for the two years next preceding, it has been 
his bona fide intention to become a citizen. 



Expatri- 
ation. 



The United States has entered into treaty relations with certain 
nations, among them, Great Britain, Germany, Austria, Meadco, 
which provide that one may renounce allegiance to, or be expatri- 
ated from, the nation of which he is a subject, as follows : "Re- 
newal of domicile in the mother country with the intent not to re- 
turn, and two years residence is presumptive evidence of such 
intent, shall work renewal of the former allegiance." Some of 
these treaties also provide that when a subject has left his country 
to avoid military service, "the right to exact which was complete 
before his departure, such service may be enforced on his return 
in spite of intervening naturalization." 



Bankrupt 
laws. 



A bankrupt law provides for the division of the prop- 
erty of an insolvent debtor among his creditors and also 
frees him from any further legal obligation to pay the 
debts which are not met in this manner. Four bank- 
rupt laws have been passed by Congress, those of the 
years 1802, 1840, 1867, and 1898. They were passed 
for the purpose of granting relief to those persons who 
have become involved, largely because of the general 
depression in trade throughout the country for a few 



Other General Powers of Congress 225 

years previous to their enactment. The law of 1802 
was repealed in 1803 ; that of 1841, in 1843 ; while that 
of 1867 was in force eleven years. It has been urged 
that the bankrupt law of 1898, after certain modifica- 
tions, should be made permanent. There has also been 
some agitation in favor of an international agreement 
on the subject of bankruptcy. 

The United States District Courts have jurisdiction over bank- 
ruptcy cases according to the law of July 1, 1898. It provides 
also that any person who owes debts, except a corporation, may on Law of 
his own motion, before such a Court, become a "voluntary" 
bankrupt. Any person or company, except a National bank or a 
bank organized under State or Territorial laws, owing debts of 
§1,000 and over may be forced by creditors into "involuntary" 
bankruptcy after an impartial trial. It was estimated that within a 
period of less than three years after the passage of this law some 
40,000 persons became voluntary bankrupts, and debts of over 
1600,000,000 were thus cancelled. 

It is, however, to be understood that although the States still 
retain the power to pass insolvent and bankrupt laws, that power 
is not unlimited, as it was before the Constitution. It does not ex- 
tend to the passing of insolvent or bankrupt acts which shall dis- State bank- 
charge the obligation of antecedent contracts. It can discharge story ^Sfm- 
such contracts only as are made within the State between citizens mentariee, 
of the same State. It does no textend to contracts made with a 
citizen of another State within the State nor to any contracts made 
in other States. During the existence of a National bankruptcy 
law, State laws that might be in conflict with it are suspended. 

11. The Postal System of the United States. 

No part of our government better indicates the great 
rapidity of our National development than the progress 
of the post-office system. An act of Congress of 1782 Deveiop- 

r J o ^ mentofthe 

directed that a mail should be carried at least once in postal sys- 
tem. 
each week from one office to another. In 1790, there 

were seventy-five post-offices in the United States ; post- 
age to the amount of $37,925 was collected, and the post- 



226 



Other General Powers of Congress 



Section 8, 
clause 7. 



"The Fed- 
eralist," 
Hamilton, 
ed., 337. 



roads extended over 1,875 miles. In 1898 there were 
75,000 post-offices with employees numbering 200,000. 
The receipts amounted to nearly ^100,000,000, and the 
mail routes on railroads alone extended over 176,727 
miles. The total extent of mail routes was nearly 
500,000 miles, and the number of pieces of mail matter 
handled was 6,500,000,000. 

Congress, under the Confederation, was given the 
power of " establishing and regulating post-offices from 
one State to another." After a brief consideration in 
the Constitutional Convention it was agreed that 

Congress shall have the power to establish post-offices 
and post-roads. 

Hamilton, in " The Federalist," gives to the question 
but one paragraph, in which he says : " The power of 
establishing post-roads must in every view be a harm- 
less power ; and may, perhaps, by judicious manage- 
ment, become productive of great public convenience. 
Nothing which tends to facilitate the intercourse be- 
tween the States can be deemed unworthy of the public 
care." Said Postmaster- General Smith in 1899 : " The 
postal establishment of the United States is the great- 
est business concern in the world. It handles more 
pieces, employs more men, spends more money, brings 
more revenue, uses more agencies, reaches more homes, 
involves more details, and touches more interests than 
any other human oi-ganization, public or private, gov- 
ernmental or corporate." 



Classes of 
mail matter 
and rates. 



There are four classes of domestic mail matter, as follows : First 
class — letters, postal-cards, or other wholly or partly written matter 
and all matter closed against inspection. The rates of postage 
(postal-cards and "drop" letters mailed at non-delivery offices, ex- 
cepted) are two cents per ounce or fraction thereof. Second class — 
newspapers and publications issued at stated intervals as often as 
four times a year, bearing a date of issue and numbered consecu- 



Other General Powers of Congress 227 

tively. When sent by the publishers or news-agents the rate is 
one cent a pound. For other persons the rate is one cent for four 
ounces. Third class — books, proof-sheets accompanied by manu- 
script copy, and seeds may be sent at the rate of one cent for two 
ounces. Fourth class — all merchandise not included in the other 
classes and limited to four pound packages. The rate is one cent 
an ounce. All mail matter may be registered by the payment of 
eight cents in addition to the regular postage. A " special deliv- 
ery " ten cent stamp in addition to the regular postage entitles any 
mailable matter to immediate delivery by special messenger, upon 
arrival at the post-office to which it is addressed. 

Money-orders may be procured at " money-order " offices upon 
payment of a small sum. Many persons use the post-office as a Money- 
bank of deposit, making the money-orders payable to themselves. °' ®"" 
Bills have been before Congress for the establishment of a Postal 
Savings Bank system in connection with post-offices. It is proposed Postal 
that small sums be taken on deposit and a low rate of interest paid, ^anks.^ 
the funds being invested in government bonds. Such systems are 
in operation in many European countries, the British colonies, and 
Japan. A similar institution existed in the Hawaiian Islands previ- 
ous to their annexation to the United States. 

The United States is tlie only great nation in the 
world whose post-office system does not pay a profit. 
The deficit has been several millions of dollars an- Onr postal 
nually, that for 1900 being |5,385,688. This was caused 
largely by the transportation of second-class matter. 
Paper-covered books, bulky catalogues, commercial 
price-lists, and advertising circulars were published at 
stated intervals as "periodicals." They were "entered 
as second-class matter" and carried for one cent a 
pound, whereas the cost to the government averaged 
eight cents a pound. This unjust burden upon the 
government becomes manifest when we consider that 
in the year 1899 it cost $20,000,000 more to carry 
second-class matter than the postage paid for it. The 
Postmaster-General, in his annual report for the year 
1900, referring to this abuse, said : " There should 



228 



Other General Poioers of Congress 



be no abatement of protest or effort against the per- 
petuation of evils which have insidiously grown up 
through the ingenious perversion of the law's intent in 
furthering private interests, and which have now be- 
come a heavy public burden." It is also contended 
that the government pays exorbitant "rentals to railroad 
companies for postal cars, thus increasing the deficit. 
Bills before Congress to remedy these matters have re- 
peatedly failed to pass. 

In July, 1901, the Postmaster-General issued an order intended 
to prevent the abuse mentioned above in connection with second- 
class matter. Hereafter, the terms of the law will be strictly con- 
strued, and only such publications as are genuine periodicals, con- 
taining current news or literary matter, will be carried at the one 
cent a pound rate. 



Free 
delivery. 



Rural mail 
delivery. 



One of the notable advances in the mail service was 
the provision for the free distribution of mail in cities of 
10,000 inhabitants, or where the annual postal receipts 
are $10,000 and above. 

A more notable innovation was made possible by an 
act of Congress in 1897, which made an appropriation 
for testing the advantages of the free delivery system in 
the country districts. In many different sections of the 
country routes were established along which there is 
the daily collection and delivery of the mail from house 
to house. The plan has met with much favor, and it is 
estimated that by June 30, 1901, 4,300 such routes will 
have been established. Congress appropriated, in that 
year, $3,000,000 for the extension of the rural delivery 
service. This amount is sufficient for the establish- 
ment of 5,000 new routes. In the districts where such 
routes have been formed there has been a large in- 
crease of postal receipts over the revenues received 
from the old system of rural post-offices. Most of the 



Other General Poicers of Congress 229 

districts pay all the expenses and many show a net 
profit. In addition to bringing the country districts 
into more immediate connection ^vith the centres of 
population, the establishment of these routes -will biing 
about a more improved system of road making. Indeed 
it has practically been determined that good roads shall 
be made a prerequisite, and on one route the farmers 
expended $300 in the improvement of the roads before 
the route was granted. 

Post-roads, or routes, are declared by statute to be Post-roads. 
" all letter carrier routes in towns and cities, all rail- 
roads, and canals and all the waters of the United States 
during the time the mail is carried thereon." 

An act passed by Congress in 1845 provided for the transporta- 
tion of mails by other means than railroad and steamboat. It does star routes, 
not indicate the means to be employed, whether wagon, stage, or on 
horses, but states that the mail must be carried with "certainty, 
celerity, security. " These routes were later entered in the route 
registers as (***), and thus came to be called "star routes." 
There are 22,000 of these routes in operation. 

ill. COPYKIGHTS AND PATENTS. 

The clause which provides that the rights of authors 
and inventors shall be protected by suitable Congres- 
sional enactment was adopted without debate in the 
Constitutional Convention. Congress was given power 

To promote the i^rogress of science and useful arts, by section 8, 
securing for limited times to authors and inventors the ex- '^^^^ 
elusive right to their respective loriiings and discoveries. 

Any person desiring a copp-ight must deliver at the 
office of the Librarian of Congress, or deposit in the Process of 
mail addressed to him, on or before the day of publica- copyri^t* 
tion, a printed copy of the title of the book, map, chart, ^y^.°*"^^-^' 
dramatic or musical composition, engraving, cut, print, 
photograph, or chromo, or a description of the paint- 



230 Other General Poivers of Congress 

ing, drawing, statue, statuary, or a model or design for 
a work of the fine arts for which he desires a copyright. 
Two complete printed copies of the best edition of the 
book, map, etc., or a photograph of the painting, statue, 
etc., copyrighted must be delivered or sent to the Libra- 
rian of Congress not later than the day of publication. 
These copies must be printed from "type set within 
the limits of the United States or from plates made 
therefrom, or from negatives, or drawings on stone 
made within the limits of the United States, or from 
transfers made therefrom." During the period of the 
copyright the importation of foreign copies or editions 
of the work is prohibited, except in a few cases ; as, a 
person may import for use, but not for sale, two copies 
of such work by paying duty, or, in case the translation 
of a book, only, is copyrighted the importation of it in 
the original language is allowed. A fee of fifty cents 
must be paid to the Librarian for recording the title or 
description of the article copyrighted, and fifty cents for 
furnishing a copy of this record. Every copy of such 
book published must have on its title page, or the fol- 
lowing page, a notice of the copyright, the usual form 
being: "Copyright, 19 — , by A. B." In the case of 
other works, the mark is inscribed on some visible por- 
tion, or, as a trade-mark, may be placed on the back or 
bottom of an article. 

After complying with the law the author, inventor, 
designer, or proprietor of the book, chart, engraving, etc., 
may have the sole liberty of printing, copying, and sell- 
Protection ing it for a period of twenty-eight years. A renewal 
copyright, for a second term of fourteen years may be secured 
by complying with all the regulations for obtaining the 
original copyright. Copyrights may be sold or trans- 
ferred providing the record is made in the office of the 
Librarian of Congress within sixty days. 



Other General Poicers of Congress 231 

As early as 1819 tlie authors of England and the 
United States tried to induce Parliament and Congress 
to pass an international copyright law. The writings intemation- 
of an author of one of these countries were commonly rightf^ 
republished in the other country without his consent. 
All attempts to secure such legislation were fruitless 
until Congress enacted, March 3, 1891, that our copy- 
right law shoidd also apply to a citizen of a foreign na- 
tion, providing citizens of the United States are given 
equal copyright privileges with the citizens of that 
nation, or in case such nation is a party to an interna- 
tional agreement, into which the United States may en- 
ter, which provides for "reciprocity in the granting of 
copyright.'"' Copyright relations have been established 
by the United States with the following nations : Bel- 
gium, France, Great Britain and her possessions, Swit- 
zerland, Germany, Italy, Denmark, Portugal, Spain, 
Mexico, Chile, Costa Eica, and Holland. 

The inventive genius of the American people, togeth- 
er with the protection afforded inventors by our laws, 
account for the fact that out of 1,729,117 patents, the patents. 
total number granted in all countries up to the year 
1897, over one-third have been issued in the United 
States.* In the year 1899, 22,207 patents were granted 
by our government. A person desiring a patent must 
declare upon oath in his petition addressed to the Com- 
missioner of Patents that he believes himself to be the 
first inventor of the article for which he solicits a patent. 
He must also submit a full description of the invention 
together with drawings, and if required by the commis- 
sioner, a model of it. The sum of $15 is charged for 
filing the application and §20 for issuing the patent. 
The patent is issued for seventeen years but may be 
extended for seven years longer by the Commissioner or 
* Report of the Commissioner of Patents, 1897, p. vii. 



232 



Other General Powers of Congress 



by a special act of Congress, providing the inventor has 
not received what is regarded as an adequate money re- 
turn. During this period, the pateutee has the exclu- 
sive right to manufacture and sell his invention. He 
may also transfer the right to another if notice is sent 
to the Patent Office. 
Caveat. A caveat filed in the Patent Office gives a description 

of a proposed invention and secures to the inventor an 
extension of one year in which to complete his work. 

The Patent Office is one of the self-supporting parts of the gov- 
ernment. With the fees there has been constructed the building 
now occupied by the Department of the Interior, and a large sur- 
plus has been accumulated besides. 



Section 8, 
clause 10. 



Crimes on 
the high 

seas. 



Piracy. 
Woolsey, 
Internation- 
al Law, 
§137. 



IV. Piracies ant> Felonies. 

Congress shall have power to define and punish piracies 
and felonies committed on the high seas and offences against 
the law of nations. 

The jurisdiction of a State is limited by the low- 
water mark. The United States has jurisdiction over 
the " high seas," or the waters beyond low- water mark 
extending three miles farther into the ocean, and in- 
cluding the gulfs and bays. Outside the three mile lim- 
it the ocean is regarded as belonging to the nations in 
common. 

"Piracy is robbery on the sea, or by descent from the 
sea upon the coast, committed by persons not holding 
a commission from, or at the time pertaining to, any 
established state." The established punishment for 
piracy is death. Each nation has the power to extend 
the definition of piracy, as, for illustration, in 1820 
Congress declared the slave trade to be piracy. Such a 
law, however, can be made to apply only to citizens and 
vessels belonging to that nation, 



nations. 



Other General Poivers of Congress 233 

Felonies are usually interpreted as including such Felony. 
extreme offences as treason, murder, arson, and other 
crimes, punishable by death or imprisonment in State 
prison. 

The law of nations or international law is defined as Law of 
follows: "The rules which determine the conduct of 
the general body of civilized States in their dealing 
with one another." * 



V. MiLITAEY POWEES OF CONGEESS. 

To declare war, grant letters of marque and reprisal, and section 8, 
make rules concerning captures on land and water ; 12, 13, u.' 

To raise and support armies, but no appropriation of 
money to that use shall he for a longer term tlian two years. 

To provide and maintain a navy. 

To malce rides for the government and regidation of the 
land and naval forces. 

The power to declare war in European nations largely 
rests with the Executive. Such a plan was proposed in Declaration 
the Constitutional Convention but it was thought a sov- 
ereign power of this nature ought to be exercised in a 
Republic by the representatives of the people. A formal 
declaration of war is not absolutely necessary before 
hostilities are begun, but it is usual. 

In 1812, a formal act was passed by Congress to the 
effect that " war be and is hereby declared to exist " be- 
tween Great Britain and the United States. April 20, 
1898, Congress passed resolutions which were signed by 
the President and sent as an ultimatum to Spain, de- 
manding that her land and naval forces be withdrawn 
from Cuba and that an answer be returned before noon 
of April 23d. On the day this ultimatum was sent, the 
Spanish minister at Washington requested and received 
* Lawrence, The Principles of International Law, p. 1. 



234 



Otlier General Powers of Congress 



his passports. On April 21st, before our minister, Mr. 
Woodford, was able to deliver the decree, the Spanish 
government notified him that diplomatic relations with 
the United States were at an end. Minister Woodford 
immediately left Madrid and the fleet at Key West was 
ordered to sail. April 25th, President McKinley sent a 
message to Congress asking for a joint resolution de- 
claring that a state of war existed between Spain and 
the United States. A bill was introduced and at once 
passed both Houses declaring that war did exist and 
had existed since April 21st. 

Great harm has been done to commerce through the 

Privateers, use of privateers in time of war. These are vessels 
which are owned and of&cered by private persons but 
are commissioned through the granting by a govern- 
ment of letters of "marque and reprisal."* With such 
a commission, a vessel is privileged to seize the property 
of the enemy wherever found. In the Congress of 
Paris, of 1856, in which the chief European powers, 
Spain excepted, were represented, one of the principles 
agreed to was that privateering should be abolished. 
Although our government was not a party to the agree- 
ment, the President declared at the opening of the 
Spanish- American War that its. provisions should be 
maintained. Spain declared in favor of granting letters 
of marque to privateers but did not carry out the 
threat. 

Captures on land become the property of the govern- 

Captures. ment. Prizes, or captures on the water, are sold under 
the authority of the United States District Court. The 
proceeds are divided among the victorious crew in pro- 
portion to the service-pay of each, if the captured vessel 

* The term was at first applied on land. An officer thus com- 
missioned might pass the mark, or boundary, and make reprisals on the 
persons or property of the enemy. 



Other General Poiuers of Congress 



235 



is of equal rank with the captor ; if of inferior rank 
one-haK is paid to the government. 

There was great jealousy and fear of the power of the 
army at the close of the Eevolutionary War. In order 
that the standing army might not become unduly large, The army. 
the Constitution provides that the appropriation for 
that purpose shall not be for a longer term than two 
years. It was believed that a check could then be im- 
posed thi-ough the election of new Bepresentatives. 
These appropriations have ordinarily been made annu- 
ally. Compared with the standing armies of European 
nations, our army is insignificant in numbers. Prior to 
1898 it was limited to 27,000 enlisted men.* The army 
of France on a peace footing now numbers 573,000 men ; 
of Germany 687,000 ; of Great Britain 217,000 ; and of 
Russia 949,000. 



The President is ex-officio commander-in-chief of the army and 
navy of the United States, but the actual movements of the army 
are practically directed by the lieutenant-general, the officer now- 
highest in command. The office of general was created by Con- 
gress, March 3, 1799, but only twice has it been filled — by Gen- 
eral Grant and by General Sherman. The army is apportioned to 
three geographical divisions : that of the Atlantic, of the Missouri, 
and of the Pacific. Each division is commanded by a major-gen- 
eral. These divisions are subdivided into six departments, each 
having one or more brigades of men in command of a brigadier- 
general. Each brigade is divided into regiments commanded by a 
colonel who is aided by a lieutenant-colonel and a major. The ad- 
jutant, who acts as secretary for the colonel, and the quartermaster, 
who looks after the supplies, are both officers of the regiment rank- 
ing as first lieutenants. Infantry regiments consist of ten com- 
panies. The cavalry regiments have twelve troops or companies, 

* An act passed by CongreBs, March 1, 1899, enabled the President 
to increase, for a term of two years, the regular army to 65,000 and to 
secure an additional volunteer force of 35,000 men. The " New Army 
Law " of January, 1901, established the minimum of men in the army at 
57,000 and the maximum at 100,000. 



Officers and 
classifica- 
tion of the 
army. 



236 



Other General Poivers of Congress 



and the artillery twelve companies or batteries. There is one 
major in an infantry regiment, but the cavalry regiment has three 
majors, each having charge of a battalion of four companies. The 
maximum number of men in a company is 100. The commissioned 
officers of a company are captain, first and second lieutenants, 
with an additional first lieutenant for the artillery. The non- 
commissioned officers are first sergeant, sergeant, and corporal. 
Officers above the rank of colonel are called " officers of the line " 
and all others " field officers." 



The navy. 



ClasBes and 
names of 

vessels. 



■Number of 
men and 
officers in 
the navy. 



The construction of a navy in the modern sense was 
not begun by our government prior to 1883. Since 
that time there has been a notable advance and in 
1901 it was estimated that our navy was excelled in 
strength only by those of Great Britain, France, and 
Eussia. That there was an appropriation of $36,000,- 
000 in 1899 to be used in the construction of twelve 
new warships would seem to indicate that Congress 
regards it desirable to strengthen still further our sea- 
power. 

A ship of the first class is given the name of a State, one of the 
second class that of a principal city or river, and the name for one 
of the third class is selected by the President. The navy now 
contains 312 vessels of all kinds. Of these 189 are in the regular 
navy and the remainder constitute an auxiliary force. At the be- 
ginning of the year 1898, the number of men on board the war- 
vessels aggregated 12,500, but during that year the number was 
nearly doubled. The titles admiral and vice-admiral, correspond- 
ing to the grades of general and lieutenant-general in the army, 
were created by act of Congress to be bestowed as a recognition 
for very distinguished service during the Civil War on the follow- 
ing men : Admirals Farragut and Porter, and Vice-admirals Far- 
ragut. Porter, and Rowan. Admiral Dewey was likewise granted 
his title by a special act of Congress after the battle of Manila. 
Grades in the line of the navy .ranking with the army officers, 
major-generals, brigadier-generals, colonels, and so on, are rear- 
admirals, commodores, captains, commanders, lieutenant-command- 
ers, lieutenants, masters, ensigns. 

The naval militia has been organized in eighteen States. They 



OtJier General Powers of Congress 237 

are under the immediate direction of the governors and adjutant- Naval 
generals, "^hen called into service during time of war they man ™ilitia. 
the vessels for the defence of the harbors, thus freeing the regu- 
lar force to engage in active warfare. 

Since the organization, in 1775, of the first marine corps its mem- 
bers have done signal service in all wars of which the United States 
has been a party. Their numbers are limited to 6,000, some xhe marine 
seventy-five being assigned to each of the first-class battle-ships, corps. 
They are armed with rifles and constitute the sharpshooters of the 
navy. On shore they perform guard duty at the navy-yards. 

A nation must depend for protection, either upon a 
large standing army or upon citizen-soldiers. Since tlie 
regular army was to be small, the plan to provide for The militia. 
the mUitia, met with but little opposition in the Consti- 
tutional Convention. Congress was accordingly given 
the power 

To provide for calling forth the militia to execute the Sections, 
laws of tJie Union, suppress insurrections and rejpel inva- 
sions. 

To provide for organizing, arming and disciplining the clause 16. 
militia, and for governing such part of them as may be em- 
ployed in the service of the United States, reserving to the 
States respectively the appointment of the officers, and the 
authority of training the militia according to the discipline 
prescribed by Congress. 

As defined by Congress the militia consists of all 
able-bodied male citizens of the United States and those who are 
who have declared their intention to become citizens 
between the ages of eighteen and forty-five years. 
They may be enrolled under the authority of the Pres- 
ident providing the States neglect to do so. 

In the emergencies named in the clause, the Pres- 
ident issues a call directed to the governors of the How called 
States who are then compelled to furnish the troops "'*°^^"^<=^- 
requested. The militia may be called into active ser- 
vice under their own State officers for a period of nine 



238 Other General Powers of Congress 

months. During this period they are subject to the 
rules and discipline of the regular army. On three 
occasions has the militia been called out under this pro- 
vision : in the Whiskey Eebellion, in the War of 1812, 
and in the Civil War. 

That portion of the militia regularly organized into 

regiments in the various States under officers of their 

The Nation- own Selection is called the National Guard. It belongs 

* *^^ ■ to the separate States and may be mustered into the 

service of the United States under the same conditions 

as the unorganized militia. 

When war with Spain was determined upon, the volunteer army 

Volunteers bill was passed by Congress and the President issued a proclamation, 
of 1898 i. */ *-> '- * 

April 23d, calling for 125,000 volunteers for two years' service. May 
25th, there was a second call for 75,000. These were apportioned 
among the States and Territories according to their population. The 
militia could not be called out, for the conditions mentioned in 
clause 15 did not apply, and it was necessary to resort to the volun- 
teer service. Preference was given to those volunteers who were 
members of the organized militia. 



VI. Location of the Capital. 

The Congress of the Confederacy, in 1783, while in 
session at Philadelphia, made a fruitless appeal to the 
authorities of Pennsylvania for protection against the 
menaces of a portion of the unpaid Revolutionary army, 
and was compelled to leave the city. The agitation 
arising over this incident doubtless led to the Constitu- 
tional provision : 
Section 8, Gougress shall have the power to exercise exclusive legis- 

lation in all cases whatsoever over such district (not exceeding 
ten miles square J as may, hy cession of particular States, and 
the acceptance of Congress, become the seat of the govern- 
ment of the United States, and to exercise like authority over 



clause 17. 



Columbia. 



of the Dis- 
trict. 



Otlier General Powers of Congress 239 

all places purchased by the consent of the legislature of the 
State in tchich the same shall he, for the erection of forts, 
magazines, arsenals, dock-yards, and other needful buildings. 
After a notable contest, Congress in 1790 accepted 
tlie cession of ten miles square of land in which to locate 
the National cajDital, offered by the States of Maiyland 
and Virginia and situated on the Potomac River. Some District of 
thirty square miles were afterward re-ceded to Yirginia. 
New York had been the ca^^ital since 1785. In 1790, it 
was again located at Philadelphia for ten years, and was 
then transferred to the District of Columbia. 

The local affairs of the District are administered by three com- 
missioners : a Republican, a Democrat, and an officer of the En- 
gineer Corps of the army. They are appointed by the President and Government 
confirmed by the Senate for a term of three years, and each has a 
salary of $5,000 per annum. They are granted the privilege of 
originating many bills relative to the affairs of the District, vrhich 
then pass through the ordinary course of legislation in Congress. 
All other officers are appointed by the President, the inhabitants not 
having the right of the ballot in a single instance. One-half the ex- 
penses of the government is provided for through Congressional ap- 
propriations. The remainder is met by taxation in the District. 

When the States sell land to the general government to be used for 
forts, magazines, and other purposes, they usually reserve the right Forts and 
to serve civil and criminal writs on persons within the ceded ter- arsenals, 
ritory. Such places cannot, in consequence, become asylums for 
fugitives from justice. 



VII. Implied Powees. 

We are now to consider one of the most important 
grants of power to Congress : 

To make all laws tchich shall be necessary and proper for sections, 
carrying into execution the foregoing powers and all other '^'^'^^ ^^' 
powers vested by this Constitution in the government of the 
United States or in any department or officer thereof. 

Our National development has been largely depend- 



240 



Other General Powers of Gongi^ess 



strict and 
loose con- 
Btniction. 



The posi- 
tions of 
political 
parties. 



ent upon the liberal construction given this clause, which 
is often called the "elastic clause" of the Constitution. 
The question of its real interpretation arose over the 
problem of establishing the first United States Bank in 
1791. Madison urged, when the measure was being 
considered in the House of Representatives, that Con- 
gress did not possess the power of establishing such a 
corporation, since it was not expressly granted by the 
Constitution. When President Washington referred it 
to his Cabinet for consideration, Jefferson took a similar 
position, Hamilton maintained, on the other hand, that 
the power was implied in the foregoing clause, and that 
if the bank were " necessary and proper to carry out any 
specific powers, such as taxation and the borrowing of 
money, then Congress might create a bank or any other 
public institution to serve its ends." We have here the 
first assertions of the doctrines of the strict and loose 
constructions of the Constitution. A few of the other 
great questions, besides that of the United States Bank, 
which have led to the definition of these views have been. 
Has Congress the right to make appropriations for in- 
ternal improvements ? Does the Constitution allow the 
establishment of a protective tariff or the acquisition of 
territory? Is not the making of paper money legal 
tender unconstitutional ? In general, the views on the 
interpretation of the Constitution held by Hamilton and 
the Federalists have been those of the Whig and the 
Republican parties, and those held by Jefferson and the 
anti-Federalists have constituted the guiding principles 
of the Democratic party. Strictly speaking, however, 
the party in power have been loose constructionists and 
their opponents have been strict constructionists. A 
study of the questions just indicated shows that there 
has been present the tendency, throughout the history of 
our Nation, to advance the principle of the broad inter- 



(Xlier General Poivers of Congress 241 

pretation of the Constitution, and tliis lias led to tlie 
taking of an advanced position by the party of strict in- 
terpretation. Thus the Democratic party of 1850 would 
be considered the party of liberal interpretation if com- 
pared with the Democratic-Republican party of Wash- 
ington's administration. 

Mr. Biyce has well said : " The interpretation which 
has thus stretched the Constitution to cover powers once 
undreamt of may be deemed a dangerous resource. But 
it must be remembered that even the Constitutions we 
call rigid must make their choice between being bent or 
being broken. The Americans have more than once 
bent their Constitution in order that they might not be 
forced to break it." * 



SUPPIiEMENTAJBT QUESTIONS AND REFERENCES. 

1. a. The following references are good on the subject of 

postal reform: Forum, 24:471-475; 723-728; 
N. Am. Rev., 166 : 342-349 ; 172 : 420-430. 

5. Should postal savings-banks be established ? N. 

Am. Rev., 172 : 551-554. 
c. Should there be a system of postal telegraphy ? 
Century Mag., 59:952-956; N. Am. Rev., 172: 
554-556. 

2. For the methods employed in the patent oflElce and a 
comparison between our system and that of European na- 
tions, see The United States Patent Office, Century Mag. , 
61 : 346-356. 

3. a. Is our army degenerate ? Forum, 27 : 11-23. 

6. Describe the organization of our army. Harper's 

Mag., 80 : 493-509 ; Forum, 21 : 34-43. 

4. a. For an interesting account of the army and navy at 

the opening of the war with Spain, see Lodge, 
Harper's Mag., 98 : 833-858. 

* Bryce, American Commonwealth, I, 390. 



242 Other General Poivers of Congress 

h. How is the success of our navy in the war with Spain 
accounted for ? Atl. Mo., 82 : 605-616; Scribner's 
Mag., 24:529-539. 

5. What was tlae character of our navy prior to 1883? 
Harrison, This Country of Ours, 251-255, 

6. The condition of our navy at the opening of the Span- 
ish-American War. Rear-Admiral W. T. Sampson, Cen- 
tury Mag., 57:886-913. 

7. The process of the construction and cost of a battle- 
ship. Century Mag., 48 : 347-352. 

8. Our naval progress compared with other nations. 
Rev. of R's, 17 : 70-71. 

9. What were the conditions which led to the escape of 
Congress to Princeton ? Fiske, Critical Period, 109-114. 

10. What special problem was connected with the loca- 
tion of the capital? How was it finally settled? Hart, 
American History Told by Contemporaries, III, 269-272 ; 
Schouler, I, 152-156 ; McMaster, I, 555-562. 

11. The development of Washington during the one hun- 
dred years of its existence is discussed in Rev. of R's, 22 : 
675-686 ; Forum, 30 : 545-554. 

12. For the influence of the implied powers, see: 

a. Internal improvements. Hart, American History 
Told by Contemporaries, III, 436-440 ; Walker, 
The Making of the Nation, 204, 205, 262, 263; 
Hart, Formation of the Union, 227-229, 253-255. 

&. The United States Bank. Hart, American History 
Told by Contemporaries, III, 446-450 ; Hart, For- 
mation of the Union, 150-151, 226-227 ; Walker, 
The Making of the Nation, 82-83. 

c. The annexation of territory. Hart, American His- 

tory Told by Contemporaries, III, 373 - 376 ; 
Walker, The Making of the Nation, 177-184; 
Hart, The Formation of the Union, 188. 

d. Legal tender cases. Wilson, Division and Reunion, 

280-281. See also p. 214. 



CHAPTER XXI 

POWERS DENIED THE UNITED STATES AND THE 
SEVERAL STATES 

Aftee an enumeration of certain powers granted to 

Congress, we come next to consider those retained by 

the people. They represent the fruits of centuries of ProMbi- 

contests which not even the representatives of the peo- United 

states 
pie should be privileged to destroy. In like manner, 

at the time of the formation of the Constitution it was 
desirable that the general government should be pro- 
tected from the encroachments of the individual States. 

Traffic in slaves was general among civilized nations 
in 1787. It is satisfactory to note, therefore, that a 
majority of the delegates in the Convention favored the 
prohibition of the slave trade immediately. All of slave trade 
the States, Georgia, North Carolina, and South Caro- 
lina excepted, had already prohibited it. Through fears 
that the adoption of the Constitution would be endan- 
gered, a concession was finally made to these States by 
a compromise which provided that the slave trade should 
not be prohibited for a period of twenty years. 

The migration or importation of such 2Jersons as any of Article i, 
the States now existing shall tJiink proj^er to admit, shall clause i.' 
not be xyrohihited hy Congress prior to the year one thou- 
sand eight hundred and eight, hut a tax or duty may he im- 
posed on such importation, not exceeding ten dollars for 
each person. 

Such a tax was never imposed. It was found that 
the law of 1807 which was to take effect January 1, 1808, 

243 



244 



Powers Denied the States 



Section 9, 
clause 2. 



Habeas 
corpus. 



and tlius carry out the intention of this clause, did not 
wholly stop the traffic. Congress, therefore, in 1820, de- 
clared the slave trade to be piracy punishable with death. 

The privilege of the writ of habeas corpus shall not be 
suspended, unless when in cases of rebellion or invasion the 
public safety may require it. 

A writ of habeas corpus is a writ granted by a court 
commanding an officer to produce before it the body of 
a prisoner, that the court may inquire into the cause of 
imprisonment or detention. If after such inquiry, it 
is found that a person is detained for insufficient cause, 
he is given his freedom. Congress has been given, by 
judicial decision, the right to suspend the writ in case 
of rebellion or invasion, but may gi'ant this right to the 
President. 



Mr. Lincoln 
and the sus- 
pension of 
the writ. 



Clause 3. 



Bill of at- 
tainder. 



Story, On 
the Consti- 
tution, n, 
216. 



On April 27, 1861, for the first time in the history of the Nation, 
President Lincoln ordered the writ suspended between Philadelphia 
and Wasliington. Not until March 3, 1863, did Congress legalize 
this act of the President and authorize him to suspend the writ 
throughout the United States, during the war, whenever he be- 
lieved the public safety demanded it. President Lincoln had 
already authorized its suspension, at different times, over limited 
areas. In September, 1863, he declared the suspension general 
throughout the country. 

No bill of attainder or ex post facto laiv shall be passed. 

" Bills of attainder are such special acts of the legis- 
lature as inflict capital punishments upon persons sup- 
posed to be guilty of high offences, such as treason and 
felony, without any conviction in the ordinary course of 
proceedings. If an act inflicts a milder degree of pun- 
ishment than death it is called a bill of pains and penal- 
ties." The great abuses under such a law grow out of 
the fact that persons may be deprived of life, liberty, or 
property without judicial procedure, and such action 
would be intolerable in the United States. 



Powers Denied the States 245 

The Supreme Court has given the following definition : 
" An ex post facto law is one which renders an act pun- Ex post 
ishable in a manner in which it was not punishable 
when it was committed. The phrase applies to acts of 
a criminal nature only. . . . Laws which mitigate story, On 

-- . '. ^ IP • in the Consti- 

the character or punishment oi a crime already com- tution, n, 

. 220 22L. 

mitted, may not fall within the prohibition, for they are 
in favor of the citizen. " * 

No money shall he clmivn from the Treasury, hut in con- Clause 7. 
sequence of appropriations made hy laiv ; and a regular 
statement and account of the receipts and expenditures of 
all puhlic money shall he published from time to time. 

It is proper in a government such as- ours that the 
control of the public money should be lodged with the care of 
representatives of the people. Through the annual re- money, 
port of the Secretary of the Treasury, the people may 
know from what sources our revenues are derived and 
for what purposes the money is expended. 

No title of nohility shall be granted hy the United States ; caanses. 
and no person holding any office of profit or trust under 
them shall, without the consent of the Congress, accept of 
any preseni, emolument, office, or title of any kind ivhatever 
from any king, prince or foreign state. 

An amendment proposed in 1809 provided that any- 
one who accepted a title of nobility or, without the con- Titles of 
sent of Congress, a present, office, or emolument from °° 
any foreign sovereign or state should cease to be a citi- 
zen of the United States and be incapable of holding 
any office therein. That the spirit of antagonism to a 
titled citizenship was general is shown by the fact that 
this amendment passed both Houses of Congress, 
received the sanction of twelve States, and failed of 
ratification by only one vote. 

* Section 9, clause 4, is discussed under National Finances, p. 188. 
Section 9, clauses 5 and 6, are discussed under Commerce, pp. 197, 198. 



246 



Powers Denied the States 



Gifts from 

foreign 

states. 



Section 10, 
clause 1. 
Absolute 
prohibi- 
tions on the 
States. 



The States 
and money. 



Obligation 
of con- 
tracts. 



Section 10, 
clause 2. 
Conditional 
I)rohibi- 
tions on the 
States. 



It was hoped through the second part of the clause 
that public officers would be removed from the dangers 
of bribery by foreign nations. Congress may allow 
gifts to be accepted by our officials but usually they 
pass into the control of the government. 

No State shall enter into any treaty, alliance or confed- 
eration ; grant letter s,of marque and reprisal, coin money, 
emit hills of credit ; make anything but gold and silver coin 
a tender in payment of debts ; pass any bill of attainder, 
ex post facto law, or law impairing the obligation of con- 
tracts, or grant any title of nobility. 

It is obvious that the power to enter into treaties, al- 
liances, and confederations or to grant letters of marque 
and reprisal should be confined to the general govern- 
ment alone. Otherwise, there would be constant danger 
that the individual States might enter into alliances or 
grant privileges which would tend to destroy the Union. 
Congress had already been given the power to coin money 
and regulate its value. Hopeless confusion must ensue 
were the States to be given like powers. During the 
colonial and revolutionary periods there were many not- 
able examples of the evils which always followed the 
issue, by the States, of paper money designed to circulate 
as a legal tender. 

When two or more persons enter into a compact " to 
do or not to do a particular thing " which is legally 
binding upon them, no State, may, in any way, modify 
this agreement. This interpretation was established by 
the decision in the celebrated Dartmouth College case.* 

No State shall, without the consent of the Congress, lay 
any imposts or duties on imports or exports except tvhat 
may be absolutely necessary for executing its inspection 
laws ; and the net produce of all duties and imposts laid by 
any State on imports or exports, shall be for the use of the 

* See Magruder, John Marshall, American Statesmen Series, 190-193. 



Powers Denied the States 247 

Treasury of the United States ; and all such laws shall be 
subje<it to the revision and control of the Congress. 

No State shall, without the consent of Congress, lay any section lo, 
duty of tonnage, keep troops or ships of war in time of ofher con- 
peace, enter into any agreement or compact with another proSbi- 
State or with a foreign power, or engage in tear, unless act- smls!^ 
ually invaded or in such imminent danger asicill not admit 
of delay. 

Were the States given po-vrer to lay tonnage dues (a 
tax on ships by the ton according to their carrying ca- 
pacity), it would interfere with the regulation of com- 
merce by Congress. No justification for the remaining 
prohibitions is needed, for if these powers were possessed 
by the States the Union might quickly be destroyed. 



CHAPTEE XXII 



THE EXECUTIVE DEPARTMENT 



The Execu- 
tive. 



Title and 
length of 
term of the 
Executive. 



Nomination of Peesident and Vice-Pbesident. 

The great weakness of the government under the 
Confederation grew out of the fact that there existed 
no adequate executive. The desire to remedy this de- 
fect was general and all of the plans submitted in the 
Constitutional Convention made provision for an exec- 
utive. There was no agreement, at first, as to whether 
the executive power should be vested in one person or 
more than one. The fear of a monarch was deep-seated 
in the minds of the people. Finally, the desire to se- 
cure energy in the execution of governmental affairs and 
responsibility led to the determination to provide for a 
single executive. 

It was proposed in the draft submitted by Mr. Pinck- 
ney, that the executive power should be vested in a Presi- 
dent of the United States of America who should have 
the title, "His Excellency."* The term President was 
in common usage ; Congress had called its chief officer 
President, and the chief magistrates in some of the 
States bore the same name. Much discussion was 
aroused over the question of the proper duration of the 

* The proposition was made, in Congress, soon after the government 
went into operation, that some more dignified title should be applied to 
the President. " His Highness, the President of the United States and 
Protector of their Liberties," " His Patriotic Majesty," " His High 
Mightiness," and other aristocratic titles were anggested. But an agree- 
ment was reached that he should be addressed in official documents as 
the " President of the United States." 

248 



The Executive Department 249 

term of office. Hamilton and Madison favored a con- 
tinuance in office during good behavior. A term of 
three years and one of seven years were also recom- 
mended during the early days of the Convention. The 
proposition to choose the Ezecutive for seven years was 
at first carried by a majority of only one vote ; but when 
the clause, " to be chosen by the National Legislature," 
was added, eight States agreed to it. That the Presi- 
dent should not be eligible for re-election was deter- 
mined by the same number of votes. So the clause 
stood in the first draft of the Constitution. Toward 
the close of the Convention, upon recommendation of a 
committee that the method of election previously agreed 
to should be changed, the length of term was fixed at 
four years. It was then declared, too, that by this 
change the President might be elected for more than a 
single term. So the clause finally read : 

The executive power shall be vested in a President of the Article n, 

sGcfcion 1 

United States of America. He shall hold his office during clause i.' 
the term of four years, and, together with the Vice-Presi- 
dent, chosen for the same term, he elected as follows : 

No problem in the Constitutional Convention was more 
difficult of solution than that of determining the method 
by which the President was to be chosen, and it is said Method of 
to have occupied one-eleventh of the entire time of the 
Convention. Many plans were proposed. Among them 
were those whicii provided for the selection by Con- 
gress ; by the people ; and by Electors who should be 
appointed as the State legislatures might direct. The 
method most in favor for a considerable time proposed 
that the President should be chosen by Congress. The 
argument which led to a reversal of the decision toward 
the end of the Convention was that the President would 
be liable to become a tool in the hands of the dominant 
party in Congress. This desire to escape any official 



election. 



250 



The Executive Department 



"The Fed- 
eralist," No. 



Section 1, 
clause 2. 
Appoint- 
ment of 
Electors. 



influence led to the adoption of the clause that : " No 
Senator or Kepresentative, or person holding a position 
of trust or profit under the United States, shall be ap- 
pointed an Elector." There was general distrust of the 
method of election by the people because of the "tumult 
and disorder " which it was believed would be the ac- 
companiment of such an important choice. Then, too, 
the belief was general in the Convention that the people 
would not be sufficiently well informed concerning the 
qualifications of men who were suitable for the Presi- 
dency. 

These views are set forth in " The Federalist " as follows : 
" The immediate election should be made by men, the 
most capable of analyzing the qualities adapted to the 
station and acting under circumstances favorable to de- 
liberation and to a judicious combination of all the 
inducements which ought to govern their choice. A small 
number of persons, selected by their fellow-citizens from 
the general mass for this special object, would be most 
likely to possess the information and discernment and 
independence requisite to so complicated an investiga- 
tion." Besides, it was thought this method would insure 
the election of a man "in an eminent degree endowed 
with the requisite qualifications . . . of a man 
pre-eminent for ability and virtue." The Convention at 
last decided in favor of giving the selection of the Pres- 
ident and the Vice-President into the hands of inde- 
pendent Electors, whose appointment was provided for 
as follows : 

Each State shall appoint, in such manner as the legislat- 
ure thereof may direct, a number of Electors equal to the 
whole number of Senators and Bepresentatives to which the 
State may be entitled in the Congress ; but no Senator or 
Representative, or person holding an office of trust or profit 
under the United States, shall be appointed an Elector. 



Tlie Executive Department 251 

Many different methods of choosing Electors have 
been used. The favorite at first was that each State legis- 
lature chose the Electors for its State. South Carolina 
used this method until 1868. The district method has 
also been used, by which an Elector is chosen in each of 
the Congressional districts and two for the State at large. 
This method, which most nearly expresses the wishes of 
the people, has been used but once since 1832.* At the 
present time, the Electors are elected in each State on a 
general ticket by direct vote. Each political party nom- 
inates a "number of Electors equal to the whole number 
of Senators and Kepresentatives to which the State may 
be entitled in Congress." 

The nominations of candidates for the office of Elec- 
tor are usually made at the State Conventions of the 
different parties when they nominate State tickets. 
These occur usually in August or September preceding 
the November election. Each person then votes for the 
entire number of Electors to which his State is entitled, 
and will naturally vote for all the Electors of his party 
ticket. The political party, therefore, which receives 
the majority of the votes in a State secures all the Elec- 
toral votes of that State.f 

* In 1892, Michigan chose her Electors by districts. A test case was 
brought before the United States Supreme Court on the ground of un- 
constitutionality. It was decided that the Legislature had acted within 
its powers, but two years later the law was repealed. 

t It has sometimes happened, however, when the election in a State 
has been close that one or more of the Electors on a minority ticket have 
run ahead of the other candidates on that ticket and have secured a 
larger number of votes than candidates on the majority ticket, thus ob- 
taining an election. California, in 1892, gave one Electoral vote to Mr. 
Harrison and eight to Mr. Cleveland, and again, in 1S96, gave eight votes 
to Mr. McKinley and one to Mr. Bryan. Kentucky, in 1896, cast twelve 
votes for Mr. McKinley and one for Mr. Bryan. 

Instances have occurred in which two weaker political parties have 
combined in their Electoral ticket against a stronger party and by such a 
fusion have been able to carry a State, thus dividing the Electoral votes 
of that State between them. 



252 TJie Executive Department v 

It was originally intended that the Electors should 

exercise the right of free choice, but on account of 

the growth of the power of political parties they do 

not. They are pledged to vote for candidates already 

Nomination nominated in party Conventions. So we know the day 

dates for following the election who is to be the next President. 

and Vic^- The framers of the Constitution did not anticipate such 

an influence and considered no plans for nominating 

candidates. But as this has become the real method 

by which Presidents are selected, we shall consider next 

the place of National Conventions. 

The National Conventions of both the great parties 
The Nation- are made up of twice as many delegates from the differ- 
tions. ent States as these States have Representatives and 

Senators in Congress. There are also chosen as many 
alternates as delegates. The place of a delegate is 
taken by his alternate when the delegate is not able to 
attend the Convention. These delegates are chosen 
by Conventions in the different States in April or May 
of the Presidential election year. According to the us- 
ual method, two delegates are selected for each of the 
Congressional districts by the district Conventions of 
each party and four delegates-at-large are chosen by 
the State Conventions. In some States all the dele- 
gates of a party are selected in the State Convention. 
The Republican party Convention also admits to full 
membership two delegates from each Territory and one 
from the District of Columbia. 

The National Convention is held in some leading city 
during the month of June or July of the year in which 
a President is to be elected. A few days before the day 
set for the Convention the delegates, together with many 
thousands of politicians, newspaper reporters, and sight- 
seers, flock to that city. Head-quarters are established 
and delegations "labored with" in behalf of the differ- 



The Executive Department 253 

ent candidates. On the day appointed, the Convention 
is called to order by the chairman of the National com- 
mittee under whose auspices the Convention is to be 
held. A temporary chairman is elected, clerks and sec- 
retaries are appointed, and rules for the government of 
the Convention are adopted. Committees are then made work of the 
up, the most important being the one on credentials and convention, 
resolutions, and the Convention adjourns to await their 
report. In the next session, a permanent chairman is 
usually selected and the report of the committee on res- 
olutions, which sets forth the platform embodying party 
doctiines and principles, is given. Then follow the 
nominations. The roll of States is called and the 
names of the various favorites are placed before the 
Convention as their home States are reached. A State 
sometimes waives its privilege in behalf of some other 
State which has a candidate to present. Again, the 
clerk calls the roll of the States and each chairman of 
a delegation announces the votes from his State. In the 
RepubHcan Convention, an absolute majority of the 
number of delegates voting is sufficient for nomination. 
No nomination is possible in the Democratic Conven- 
tion except by a majority of two-thirds of the delegates 
voting. Then foUows the selection of a candidate for 
Vice-President. In this choice the attempt is made to 
secure some man who will add strength to the party 
and who comes from a different section of the country 
from that represented by the candidate for the Presi- 
dency. He may, as in the cases of Tyler and Johnson, 
represent a faction of the party that is not in entire 
agreement with the majority. 

A National committee is also appointed, made up of 
one member from each State nominated by the State 
delegation. This committee is elected after the nomi- 
nations have been made, and the wishes of the Presi- 



254 



The Executive Department 



The Nation- 
al commit- 
tee. 



dential candidate are of influence in making the selec- 
tion. The committee occupies a position of great im- 
portance, for by it the platform of the party is largely 
determined. We have here a body of men not men- 
tioned by the Constitution but exerting vastly greater 
influence upon the election of President than does the 
Electoral College itseM, The campaign is organized by 
this committee. Money is secured, speakers are se- 
lected, and party literature is sent out by it. The com- 
mittee looks after the interests of the party during the 
ensuing four years and issues the call for the next 
National Convention. 



Campaign 
fund. 



Early meth- 
ods of nom- 
inating. 



Some idea of the extent of the National committee's power 
may be gathered when we consider the size of the campaign fund 
intrusted to its care. It is said that the whole cost of conduct- 
ing the campaign in which Mr. Lincoln was elected for the sec- 
ond time amounted to f 100,000. The amount of money spent 
by each of the two National committees in 1900 is estimated at 
$5,000,000. A large proportion of this sum was expended in the 
establishment of National committee head-quarters, in the publica- 
tion and distribution of campaign literature, and in meeting the ex- 
penses of speakers. It is probably not an overestimate to say that 
$20,000,000 were expended by the National, State, Congressional, 
county, and ward committees in conducting the campaign of 1900. 

Like the development of other political usages, the method of 
nominating a President passed through several stages before the 
present plan of nominating conventions was reached. No nomina- 
tions were made in the first two Presidential elections and Wash- 
ington was elected as provided for by the Constitution. In 1796, 
Washington having refused to be a candidate for a third term, party 
managers in Congress agreed informally on Adams and Jefferson 
as the candidates of the Federalist and the Eepublican parties. A 
caucus of Federalist Congressmen, in 1800, nominated Adams and 
Pinekney, and a caucus of Republican Congressmen nominated 
Jefferson and Burr for the offices of President and Vice-President. 
The Republican members of Congress continued to hold a regular 
caucus and thus direct the votes of the party Electors until 1824. 
In that year William H. Crawford, the last Congressional nominee, 



The Executive Department 255 

was defeated. There was opposition to the Congressional caucus 
from the beginning, for such a method was regarded as undemo- 
cratic. In 1824 and 1828, the several State legislatures put for- 
ward their favorites for the office of President, 

As early as 1812, De Witt Clinton was nominated as 
the candidate of the Federalists in a Convention made 
up of seventy delegates, representing eleven States, 
which met in New York City. But the National Nom- by National 
inating Convention, as we know it, was used for the tions. 
first time by the Anti-Masonic party which selected 
William Wirt for its candidate in 1831. This method 
was followed in the same year by the National Repub- 
lican party which nominated Henry Clay. The Na- 
tional Convention of the Democratic party in 1832 
nominated Andrew Jackson, who had already been 
nominated by many local Conventions and State legis- 
latures. Many years elapsed before the present com- 
plex organization was reached, but since 1836, with the 
single exception of the Whig party in that year, parties 
have regarded the National Convention as an essential 
factor in electing President and Vice-President. 



Supplementary Questions and References. 

1. July 9, 1789, the Constitutional Convention, by a 
vote of 9 to 1, fixed on a term of six years for the President 
with no re-election. Would this be a desirable change at 
present ? Presidential Elections Paralyzing to Business, 
Forum, 23 : 563-570. 

2. a. Why was it thought best to make the President 

eligible to re-election for more than one term ? 
Madison, Journal of the Constitutional Conven- 
tion, 369 ; The Federalist, No. 72. 
h. What led 'to the understanding that a President 
was to be elected for only two terms ? Is there 



256 The Executive Department 

good reason for holding to this tradition ? Mc- 
Master, The Third Term Tradition, Forum, 20 : 
257-265 ; Eaton, The Perils of Re-electing Presi- 
dents, N. Am. Rev., 154:691-704. 
e. What Presidents have served two terms ? How 
was their election for a second term to be ac- 
counted for ? 

3. a. The method of calling National political Conven- 

tions. When held ? Questions considered ? 
Make a study of the last Conventions. Thurs- 
ton, How Presidents are Nominated, Cosmop., 
29 : 194-200 ; Maurice Low, How a President is 
Elected, Scribner's Mag., 27 : 643-656. 
h. For an interesting account of National Conven- 
tions, see Four National Conventions, Scribner's 
Mag., 25:152-174. 

c. What is a "dark horse" in a National Conven- 

tion ? Give instances in our history. 

d. Under what conditions was the first platform of a 

National Convention agreed upon ? Wilson, 
Division and Reunion, 63. 

e. Compare the chief planks given in the various party 

platforms of the last Presidential election. Do 
the successful parties generally fulfil the pledges 
of their platforms ? 
/. For the work of the National committee, see Rev. 
of R's, 22 : 549-556 ; 556-563. 

4. Discuss the various plans suggested for electing a 
President. Madison, Journal of the Constitutional Con- 
vention. 

5. What was the probable origin of the system of elect- 
ing a President by Electors? Harrison, This Country of 
Ours, 78 ; Fiske, Critical Period of American History, 66, 
280-289. 

6. For the methods which have been used in electing a 
President, see N. Am. Rev., 171: 273-280. 

7. How was the method of electing the President by in- 
dependent Electors regarded at the time of the adoption of 
the Constitution ? The Federalist, No. 68. 



The Executive Department ^57 

8. Should Electors for President and Vice-President be 
elected by the vote of Congressional districts with two at 
large for each State instead of upon a general ticket? 
Forum, 13 : 702-713 ; N. Am. Eev., 154 : 439-446 ; The Fed- 
eralist, No. 68 ; Bancroft, History of the United States, 
VI, 328-340. 

9. Should the President be elected by direct popular 
vote? N. Am. Rev., 171: 281-288; 273-280; Schouler, 
Grave Dangers in Our Presidential Electoral System, 
Forum, 18 : 532-536 ; Carlisle, Dangerous Defects in Our 
Electoral System, Forum, 24 : 257-266 ; 651-659 ; Scrib- 
ner's Mag., 27 : 643-656. 



CHAPTER XXIII 



THE ELECTION OF A PRESIDENT 



Function 
of the 
Electors. 



Amend- 
ment xn. 



Having considered the method by whicli a President is 
nominated and that by which the Electors are chosen, we 
are now prepared to discuss the way in which the Electors 
choose a President, for the steps prescribed by the Con- 
stitution miist still be followed, although the election has 
been practically decided by popular vote. The function of 
the Electors is given in Article XII of the Amendments. 

Tlie Electors shall meet in their respective States and vote 
by ballot for President and Vice-President, one of whom, at 
least, shall not be an inhabitant of the same State with them- 
selves ; they shall name in their ballots the ^person voted for 
as President, and in distinct ballots the person voted for as 
Vice-President ; and they shall make distinct lists of all per- 
sons voted for as President, and of all persons voted for 
as Vice-President, and of the number of votes for each, 
which lists they shall sign, and certify, and transmit, sealed, 
to the seat of government of the United States, directed to the 
President of the Senate ; — the President of the Senate shall, 
in the presence of the Senate and House of Representatives, 
open all the certificates, and the votes shall then be counted ; — 
the person having the greatest number of votes for President 
shall be the President, if such number be a majority of the 
ivhoJe number of Electors appointed ; and if no person have 
such majority, then, from the persons having the highest 
numbers, not exceeding three, on the list of those voted for 
as President, the House of Representatives shall choose im- 
mediately, by ballot, the President. But in choosing the 
President, the votes shall be taken by States, the repiresenta- 

258 



The Election of a President 259 

Hon from each State having one vote ; a quorum for this 
purpose shall consist of a member or members from two- 
thirds of the States, and a majority of all the States shall be 
necessary to a choice. And if the House of Bepresentatives 
shall not choose a President, whenever the right to choose 
shall devolve iqjon them, before the fourth day of March next 
following, then the Vice-President shall act as President, as in 
the case of the death or other constitutional disability of the 
President. — The person having the greatest number of votes 
as Vice-President shall be the Vice-President, if such num- 
ber be a majority of the wliole number of Electors appointed; 
and if no p)&rson have a majority, then, from the two highest 
numbers on the list, the Senate shall choose the Vice-Presi- 
dent ; a quorum for the purpose shall consist of two-thirds 
of the ivhole number of Senators, and a majority of the whole 
number shall be necessary to a choice. But no person con- 
stitutionally ineligible to the offi-ce of President shall be eligible 
to that of Vice-President of the United States. 

The Electoral Colleges, made up of the Electors in the 
several States, are all required to meet on the second Meeting of 
Monday in January. Each Electoral College must meet colleges. 
in its own State, usually at the State capital. After the 
Electors have voted for President and Vice-President 
separately, thi^ee lists are made of all the i)ersons voted 
for as President and as Vice-President and the number 
of votes for each. These lists are then certified to, 
signed by the Electors, and sealed. One of the lists is 
carried by a special messenger to the President of the 
Senate at Washington ; another is sent by mail to the 
same of&cer, and the third is deposited with the United 
States District Court Judge of the district in which the 
Electoral College meets.* 

* K neither of the other lists has been received by the President of the 
Senate by the fourth Monday in January following the election, he may 
send a special messenger to obtain the list deposited with the District 
Judge. 



260 



Tlie Election of a Pi^esident 



Counting 
the Electo- 
ral votes. 



These votes are opened by the President of the Sen- 
ate in the presence of the Senate and the House of Kep- 
resentatives on the second Wednesday in February, and 
the votes are counted. The person having a majority of all 
the Electoral votes cast for President is declared to be duly 
elected President of the United States, and the person 
who has a majority of the Electoral votes cast for Vice- 
President is declared duly elected Vice-President of the 
United States. Contrary to the expectation of the Con- 
stitutional Convention, the votes cast by the Electors 
since 1800 have been merely a form of registering the 
popular verdict. While there is no lav7 virhich prevents 
an Elector from voting for candidates other than those 
on his ticket, still the custom of voting only for his own 
party candidates has become as binding as any statute.* 



Amending 
the Con- 
Btitution by 
usage. 



Thus, in the election of a President, we have an excellent illus- 
tration of what has been styled " Amending the Constitution by 
usage." " The difference between the actual and the Constitutional 
modes is the difference between an ideal non-partisan choice and a 
choice made under party whips ; the difference between a choice 
made by independent unpledged Electors acting apart in the States 
and a choice made by a National party Convention." f 



If none of the candidates receives a majority of the 
Electoral votes, the House of Eepresentatives must pro- 
ceed immediately to choose a President from the three 
candidates having the highest number of Electoral votes. 
In 1825, the House was called upon to choose a Presi- 

* The most notable exception was in the election of 1872, when seventy- 
two Electors were pledged to vote for Horace Greeley for President. Mr. 
Greeley died before the meeting of the Electoral Colleges. When they 
met, the votes of the Electors were divided between two prominent Dem- 
ocrats, with the exception of those of three Electors who still insisted in 
carrying out instructions by casting their ballots for Mr. Gree/ey. The 
question arises, What would have been the solution of the problem were 
a majority pledged to vote for him ? 

t Wilson, Congressional Government, 343, 344. 



Tlie Election of a President 261 

dent from the three highest candidates ; Andrew Jack- Election of 
son, John Quincy Adams, and William H. Crawford, by the 
Mr. Adams was chosen President, having received the Kepresenta- 
votes of thirteen out of twenty-four States, although he 
had fewer Electoral votes and fewer popular votes than 
Mr. Jackson. 

The Xllth Amendment provides that if a President 
is not chosen by the House of Eepresentatives " when- 
ever the right of choice shall devolve upon them before 
the fourth day of March next following, then the Vice- The Vice- 

President. 

President shall act as President," as in the case of the 
death, resignation, or removal of the President. There 
has been no such case in our history. It is also pro- 
vided that if no person have a majority of the Electoral 
votes for Vice-President the Senate shall choose the 
Vice-President from the two candidates having the high- 
est numbers on the lists. The one instance of the 
election of a Vice-President in this way occurred in 
1837, when the Senate elected Eichard M. Johnson, who 
had already received the highest Electoral vote. 

The framers of the Constitution did not consider the 
question of appointing a tribunal to whom might be 
referred the returns of a State when in dispute, or to Disputed 
decide between two conflicting returns from two sets of 
Electors. By a joint rule adopted in 1865, the vote of 
any State, where there was objection made, was not to 
be counted except by agreement of both Houses of Con- 
gress. The votes of two States were rejected imder this 
rule in 1873, On both dates the Senate and the House 
were under the control of the same political party. 

But in 1876, the Senate was Eepublican and the House Demo- 
cratic. Consequently, there could be no agreement on disputed The Elec- 
returns. The twenty-one Electoral votes of Florida, South Caro- i^ggion. 
lina, Louisiana, and Oregon were in dispute. The deadlock was 
broken and the strained condition throughout the Nation was re- 



262 The Election of a President 

lieved by the agreement on the part of both Houses to accept the 
decision of an " Electoral Commission." This Commission con- 
sisted of five Judges of the Supreme Court, five Representatives, 
and five Senators. After examining the returns, the Commission 
decided, March 2, 1877, by a vote of 8 to 7, that Hayes and 
Wheeler, the Republican candidates, had received the twenty-one 
votes in dispute, thus giving them 185 Electoral votes, and that 
Tilden and Hendricks, the Democratic candidates, had received 
18-4 Electoral votes. 
In consequence of the grave problem which arose in 1877, Con- 
Law of 1887. gress passed an act February 3, 1887, which provides that any con- 
test in the choice of Electors in a State must be decided by the 
State authorities under the laws of the State. 

The wisdom of having uniform days when the Elec- 
tors are to be chosen and when they must give their 
votes is almost self-evident. So the Constitution pro- 
vides : 
Article II, The Congress may determine the time of choosing the 

ciausTs.' Electors, and the day on which they shall give their votes; 
which day shall be the same throughout the United States. 

By such a provision, there is less opportunity for po- 
litical intrigue and combination. The day on which the 
Times of Electors were to be chosen was changed from time to 
voting" "° time until 1845, when Congress enacted that the day 
should be the same throughout the United States. 
They selected the first Tuesday after the first Monday 
in November of the years exactly divisible by four. In 
nearly all of the States this is also the day for the elec- 
tion of State officers and is known as general election 
day. As already indicated, the second Monday in Jan- 
uary is now the day on which all the Electoral Colleges 
are required to cast their votes. The President of the 
Senate sends for the missing returns on the fourth 
Monday in January. The certificates are opened and 
the votes are counted on the second Wednesday of Feb- 
ruary. 



The Election of a President 263 

Vacancies sometimes occur in the Electoral College of a State Vacancies 
between the time of election and the date when the Electors are to toral Col- 
cast their rotes for President and Vice-President. Congress en- ^^S^- 
acted in 1845 that each State might provide, by law, for the filling 
of vacancies in the Electoral College, and if any State failed to 
choose Electors on the regular day that they might be appointed on 
a later day in such manner as the State might, by law, direct. 
Nearly all of the State legislatures have conferred on the College 
itself the power of filling vacancies. 

The first four Presidents were chosen by the method 
given in the original clause. 

" The Electors shall meet in their respective States, and section i, 
vote by ballot for two persons, of whom one, at least, shall The ongi- 
not be an inhabitant of the same State with themselves, of chooshig 
And they shall make a list of all the persons voted for, and dent^'^^^" 
of the number of votes for each ; which list they sign and 
certify, and transmit, sealed, to the seat of the Government 
of the United States, directed to the President of tlie Senate. 
The President of the Senate shall, in the presence of the 
Senate and House of Representatives, open all the certifi- 
cates, and the votes shall then be counted. The person hav- 
ing the greatest number of votes shall be the President, if 
such number be a majority of the ivhole number of Electors 
appointed ; and if there be more than one who have such 
a majority, and have an equal number of votes, then the 
House of Representatives shall immediately choose, by ballot, 
one of them for President ; and if no p)erson have a major- 
ity, then, from the five highest on the list, the said House 
shall, in like manner, choose the President. But in choos- 
ing the President, the votes shall be taken by States, the 
representation from each State having one vote ; a quorum 
for this purpose shall consist of a member or members from 
two-thirds of the States, and a majority of all the States 
be necessary to a choice. In every case, after the choice 
of the President, the person having the greatest number 
of votes of the Electors shall be the Vice-President. 



264 



The Election of a President 



Election of 
1T96. 



Election of 
1800. 



Minority 
Presidents. 



But if there should remain two or more who have equal 
votes, the Senate shall clioose from them, by ballot, the 
Vice-President. 

According to this clause it will be noted that the Electors voted 
for two persons without stating which was to be President and 
which Vice-President. In the official count the candidate receiving 
the highest number of votes, provided it was a majority of the 
whole number of Electoral votes, became President and the one re- 
ceiving the next highest became Vice-President. 

Accordingly, in the election of 1796, John Adams, who received 
the highest number, 71, out of 132 Electoral votes, was elected 
President, and Thomas Jefferson became Vice-President, having 
received 68 votes or the next highest number. Evidently this was 
a weakness in the system of election which had not occurred 
to the makers of the Constitution, By it, the President and Vice- 
President might be of different political parties. 

The election of 1800 showed the plan to be impracticable in 
another way. At this time, the Democratic-Republican party was 
determined to have Mr. Jefferson for President and Aaron Burr for 
Vice-President. They both received a majority of the Electoral 
votes. But each had seventy-three votes, and neither was, in 
consequence, elected. In such a case, the House of Representa- 
tives must elect. The Federalists disliked Jefferson and vigorously 
opposed him. On the twenty-sixth ballot, however, Jefferson re- 
ceived the votes of ten States out of sixteen and was elected. For 
seven days the House had been in continuous session and the 
country was in such a state of excitement that there was danger of 
civil war. In order to prevent a recurrence of the conditions which 
obtained in 1796 or of the dangers incident to a contest like that of 
1800, the twelfth Amendment was proposed by Congress and after 
ratification was declared in force, September 25, 1804. This pro- 
vides, as already seen, that the Electoral votes must be cast sepa- 
rately for President and for Vice-President. i 

In ten Presidential elections, while the successful candidate has 
received a majority of the Electoral votes, he has failed to ieceire 
a majority of the popular votes and is known as a minority Presi- 
dent. Such a condition has happened so frequently that sugges- 
tions have been made looking towards the abolishment of the sys- 
tem of Electoral Colleges by amending the Constitution in such a 
.manner as to provide for election by a direct popular vote. 



Tlie Election of a President 



265 



The qualifications for the two offices are naturally the 
same. 

No person, except a natural-born citizen, or a citizen of 
the United States at the time of the adoption of this Consti- 
tution, shall be eligible to the office of President ; neither 
shall any person be eligible to that office who shall not have 
attained to the age of thirty -five years, and been fourteen 
years a resident within the United States. 

Both officials must be natural-born citizens of the 
United States. The exception that a person might be- 
come President who was a citizen of the United States 
at the time of the adoption of the Constitution was emi- 
nently just. At that time there were many notable 
men, among them Alexander Hamilton, who though 
foreign born had rendered efficient services in the win- 
ning of independence and in the organization of the 
government. It would have been an ungracious act 
were they excluded from any office in the gift of the 
people. Residence abroad, as a minister or other 
official under the government, does not disqualify a per- 
son from becoming President, 

The chief reason for creating the office of Vice-Presi- 
dent seems to have been to provide for the emergency 
of a vacancy in the Presidency. 

In case of the removal of the President from offijce or of 
his death, resignation, or inability to discharge the powers 
and duties of the said offix;e, the same shall devolve on the 
Vice-President, and the Congress may by law provide for 
the case of removal, death, resignation, or inability both of 
the President and Vice-President, declaring what officer 
shall then act as President, and such officer shall act ac- 
cordingly, until the disability be removed, or a President 
shall be elected. 

Congress, by an act of 1791, further provided for the 
Presidential succession. This act declared that in case 



Section 1, 
clause 4. 
Qualifica- 
tions for 
President 
and Vice- 
President. 



Section 1, 
clause 5. 
Vacancies. 



266 



Tlie Election of a President 



Presidential of the removal of the President by impeacliment or in 
Buccession. ^^^^ ^^ ^^^ death, resignation, or inability * of both the 
President and the Vice-President, the succession shall 
devolve on the President pro tempore of the Senate, and 
in case there were no President of the Senate upon the 
Speaker of the House. Either of these of&cers was to 
act as President until the disability was removed or a 
new President elected. But the contingency that a 
vacancy in the Presidency and Vice-Presidency might 
happen when there would be no President of the Senate 
or Speaker of the House was unprovided for. f There 
was another weakness inherent in this law ; viz., that 
the succession of either of these officers to the Presi- 
dency might bring into power a different political party. 
By an act of 1886, Congress provided that the Presiden- 
tial succession should be in the following order: the 
Secretary of State, the Secretary of the Treasury, the 
Secretary of War, the Attorney-General, the Postmaster- 
General, the Secretary of the Navy, and the Secretary of 
the Interior. When the Secretary of Agriculture was 
made a member of the Cabinet, in 1889, his name was 
added to this list. In case a Cabinet officer becomes 
President, he holds the office for the unexpired term. 

The President shall, at stated times, receive for his ser- 
vices a compensation, which shall neither be increased nor 



Succession 
established 
in 1S86. 



Section 1, 
clause 6. 



*The question of what constitutes disability has not been settled. 
President Garfield performed only the single executive act of signing his 
name on an extradition paper from July 2 to September 19, 1881, and yet 
the fact of his inability to discharge the duties of President was not es- 
tablished. Neither was there disability in the case of President McKin- 
ley between September 6 and the day of his death, September 14, 1901. 

t Prom March 4 to October 10, 1881, there was no President of the 
Senate, and from March 4th to December 5th, of the same year, there 
was no Speaker of the House of Representatives. Had Vice-President 
Arthur been removed from office for any cause before September 19th, 
the date of the death of President Garfield, there would have been no 
President from September 19th to October 10th, 



TJie Election of a President 267 

diminished during the period for wMch he may have been 
elected, and he shall not receive ivithm that period any other 
emolument from the United States or any of them. 

Congress fixed the annual salary of the President at 
$25,000. It remained the same until the year 1873 
when it was raised to $50,000. The wisdom of fixing 
his salary so that it may not be increased or diminished 
during his term of office is apparent. Otherwise he 
would become a dependent upon the favor of Congress. 
The custom has been established that no President shall 
receive a gift from any civil body such as a city council, 
a State legislature, or a foreign state. In addition to 
his salary, the President is provided with an " executive 
mansion," the " White House," which is furnished at 
the expense of the government. 

The salary of the Vice-President was fixed at ^5,000 Salary of 

. the Vice- 

in 1789. This was changed several times before 1874 President. 

when it was made $8,000, the amount still received. 

The maintenance of the Executive branch of the government 
costs less than $150,000 each year. This includes the salaries of Cost of the 
the President, of the Vice-President, and of the President's private branch 
secretary ; the purchase of furniture, carpets, fuel, care of green o* ^^^ S°^" 
houses, binding and printing done by order of the President. In 
the year 1901, the English government voted about $4,000,000 for 
the annual use of the royal household. The Czar of Eussia receives 
$6,500,000 annually in addition to revenues derived from 1,000,000 
square miles of crown domains. The President of France receives 
$231,600 annually. A private fund, known as the " emergency Special 
fund " is provided for our President each year by Congress. This p^e'^-lont*^^ 
money which varies in amount, $63,000 having been appropriated 
in 1899, may be expended as the President dictates. Neither Con- 
gress, nor any other authority, has the right to question the uses 
to which it is put. Indeed there is never an account given of its 
expenditure. Some of the purposes for which it is used doubtless 
include the expenditures incident to the annual diplomatic break- 
fast given by the Secretary of State ; special entertainments given 
by the President to noted foreign visitors ; and the employment of 



268 



The Election of a President 



DefeBce 
fund. 



officials to carry on some investigation relative to National affairs 
whose salaries have not been otherwise provided for and whose 
negotiations should be secret. 

In 1898, owing to the war with Spain, Congress passed a special 
measure placing in the hands of President McKinley $50,000,000 to 
be used as a "defence fund." An appropriation of such magnitude 
for which there was not to be an account given has never before 
been made in the history of our Nation. 



Inaugura- 
tioii Day. 



Section 1, 
clause 7. 



One of the most notable of our civic festivals occurs 
on the fourth of March of each fourth year, when the 
President and the Vice-President are formally invested 
with their offices. Thousands of people go to Washing- 
ton to witness the inaugural exercises. The Consti- 
tution makes no further provision than that the Presi- 
dent take the oath of office and enter upon his duties 
at a prescribed time. 

Before he enter on the execution of his office he shall take 
the folloiving oath or affirmation : 

" I do solemnly swear (or affirm) that I will faithfully 
execute the office of President of the United States, and will 
to the best of my ability preserve, protect, and defend the 
Constitution of the United States" 

It has been established by custom that the oath is ad- 
ministered by the Chief Justice of the United States at 
the east front of the Capitol, but the oath might be ad- 
ministered by any other magistrate having the power of 
administering oaths. The Vice-President takes the oath 
of office shortly before in the presence of the Senate of 
the United States. After taking the oath, the President 
gives his inaugural address, which outlines the policy he 
purposes to carry out in the execution of his duties. 



Tlie Election of a President 269 



SUPPIiEMEJfTART QUESTIOiS^S AND REFERENCES. 

1. a. For some of the problems connected with the 

Electoral Colleges in the history of elections, 
see Rev. of R's, 23 : 66-69. 
b. What is the method used in counting the Electoral 
votes ? Edmund Alton, Among the Law Makers, 
88-89. 

2. a. Do you agi'ee with Mr. Bryce that the tendency is to 

select men for President who have not been 
prominent ? Bryce, American Commonwealth, I, 
chapter 8. 

b. Was the present President notable before his elec- 

tion ? In what ways ? 

c. What were the chief causes for the success of his 

party ? 

d. How many Electoral votes were required for elec- 

tion ? He received how many ? Did he receive a 
majority of the popular votes ? 

e. How many Electors were there from your State ? 

For whom did they vote ? How is this majority 
in your State to be accounted for ? Election of 
1900, Rev. of R's, 22 : 673-674 ; 655-658 ; 664. 

3. Would successful governors make good candidates for 
President? In what particulars do the offices resemble each 
other? Would you favor making the governor of your 
State President ? Wilson, Congressional Grovemment, 
253, 254. 

4. Under what conditions did Aaron Burr become Vice- 
President ? Harrison, This Country of Ours, 82 ; Walker, 
The Making of the Nation, 185 ; Hart, Formation of the 
Union, 173. 

5. Why was the election of John Quincy Adams of especial 
interest? What results followed? Burgess, The Middle 
Period, 140-141 ; Wilson, Division and Reunion, 18. 

6. State the chief points connected with the "disputed 
election " of 1876. Wilson, Division and Reunion, 283-286; 
Johnston, American Politics, 233-287. 



270 The Election of a President 

7. What is tlie meaning and significance of ' ' amendment 
by usage ' ' ? Can you give other examples of amendment in 
this way ? Bryce, American Commonwealth, I, chapter 34 ; 
Wilson, Congressional Government, 250. 

8. Where was Alexander Hamilton born? Under what 
conditions did he come to the United States ? What services 
did he render in the organization of the government ? 
Lodge, Alexander Hamilton, American Statesmen Series. 

9. Give the names of the Presidents who have died in 
oflBce. By whom were they succeeded ? 

10. Why was the "defence fund" of $50,000,000 neces- 
sary ? Forum, 25 : 267-275. 

11. Interesting accounts of inaugural incidents and per- 
sonages : 

a. Inauguration Scenes and Incidents, Century Mag., 

53 : 733-740. 
h. Davis, The Inauguration, Harper's Mag., 95 : 337- 

355. 
e. Inauguration events of 1901, Rev. of R's, 23 : 405- 

406. 



CHAPTEK XXIV 

POWEES AND DUTIES OF THE PRESIDENT 

"TJnity of plan, activity, and decision are indispens- 
able to success ; and these can scarcely exist, except story, on 
when a single magistrate is entrusted exclusively with stitutioa, 
the power," This is especially true in military affairs, 
hence the provision : 

TJie President shall he commander-in-chief of the army Article ii, 
and navy of the United States, and of the militia of the dausTi.' 
several States when called into the actual service of the dentcom^ 
United States ; he may require the opinion, in writing, of ^^^f.^'^*^" 
the principal officer in each of the executive departments, 
upon any subject relating to the duties of their respective 
offices, and he shall have power to grant reprieves and par- 
dons for offences against the United States, except in cases 
of impeachment. 

Fears were expressed in the State conventions when 
considering the ratification of the Constitution lest the 
President might, under this provision, take charge of the 
army and navy in person, and as a dictator endanger 
the liberties of the Nation. 

The monarch of Great Britain is commander-in-chief of the 
army and navy and militia ; he has power to declare war, and in time Military 
of war can raise armies and navies and call out the militia. Parlia- ot'hernilers 
ment may check his action only by the refusal to vote supplies. 
The Emperor of Germany must obtain the consent of the Bundes- 
rath, or upper house, before he may declare offensive war. The 
President of France may not declare war without the advice of the 
Chambers. 

371 



272 Poioers and Duties of the President 



Reprieves. 



Section 2, 
clause 3. 
Treaties. 



The temporary suspension of the execution of a sen- 
tence is called a reprieve. By means of a reprieve, the 
President may gain time to look into the evidence more 
carefully in order to ascertain whether there is good 
reason for granting the requested pardon. 

Complete release from a sentence is secured by a par- 
don. The power to pardon also carries with it the right 
of commuting the sentence. By this, a decree calling 
for imprisonment for life may be reduced to a fixed term 
of years, or a death penalty may be mitigated to im- 
prisonment for life, etc.* 

He shall have power, by and with the advice and consent 
of the Senate, to make treaties, provided two-thirds of the 
Senators present concur. 

While the power to conclude treaties seems to be 
without restriction, it is implied that no treaty shall in 
any way interfere with the authority of the Constitu- 
tion. The usual steps in the negotiation of treaties are 
as follows : 1. In time of peace they are conducted at 
the capital of the nation that begins the negotiation. 
If this is in Washington the terms are considered by 
the Secretary of State and the minister of the other na- 
tion. If in a foreign capital, our minister acts under 
instructions sent him by the Secretary of State. At 
times one or more special ministers are sent abroad for 
the purpose of negotiating for a treaty. 2. In time of war, 
the minister of the nation with which we are at war 
leaves the United States. The interests of his nation 
are then intrusted to the minister of some neutral power, 
and through this minister negotiations for peace are us- 
ually begun. 3. The treaty of peace at the close of a war 



* President Harrison considered, during his term, 779 paxdon cases, 
not including reprieves. Of these 527 v?ere granted in whole or in part. 
President Cleveland acted on 907 such cases and granted 506 in whole or 
in part. 



Powers and Duties of the President 273 

is generally negotiated in some neutral country by spe- 
cial commissioners appointed by the belligerent nations. 

In all cases, the President exercises general control 
over the negotiation and framing of treaties. After 
an agreement has been reached, the treaty is sent to 
the Senate. It is discussed in Executive Session, in 
which all matters pertaining to it are kept secret tmtil 
a resolution of the Senate removes the decree of secrecy. 
The Senate may approve, reject, or modify the terms. 
If amendments are made, they must be agreed to by the 
President and the other nation interested. When a 
treaty has been finally approved by the officials of both 
countries, duplicate copies of it are made in parchment. 
Both of these copies are signed by the chief officers of 
each country and the copies are then exchanged. This 
is called the "exchange of ratification." An official 
copy of the treaty is thus secured by each nation. The 
President then publishes the treaty, accompanied by a 
proclamation, in which it is declared to be a part of the 
law of the land. 

The question is sometimes asked, when a treaty 
agrees to pay money, must Congress make the appro- Treaties 
priations ? It has been answered as follows : " When appropria- 
moneys are to be paid by the United States, they can be ley, coneti- 
appropriated by Congress alone ; and in some other Law, ise, 
cases laws are needful. An unconstitutional or mani- 
festly unwise treaty, the House of Eepresentatives may 
possibly refuse to aid ; and this, when legislation is 
needful, would be equivalent to a refusal of the govern- 
ment, thi'ough one of its branches, to carry the treaty 
into effect." 

He shall nominate, and dy and ivitli the advice and con- sections, 
sent of the Senate, shall appoint Anibassadors, other public Executive 
ministers and Consuls, judges of the Supreme Court, and appomt- 
all other officers of the United States, whose appointments 



ment. 



274 Poivers and Duties of the Pi^esident 

are not herein otherwise provided for, and lohich shall he es- 
tablished hy law ; hut the Congress may by law vest the 
appointment of such inferior officers, as they think proper, 
in the President alone, in the courts of law, or in the heads 
of departments. 
Section 2 The President shall have poiver to fill up all vacancies 

that may happen during the recess of the Senate, hy grant- 
ing commissions which shall expire at the end of their next 
session. 

In addition to the Ambassadors, other public minis- 
ters and Consuls and judges of the Supreme Court who 
receive their offices through nomination by the Presi- 
dent and the consent of the Senate, there are a large 
number of other officers whose positions have been es- 
tablished by law who are appointed in the same way. 
Among the most important of these officers are the 
heads of the executive departments, Assistant Secre- 
taries, Treasurer of the United States, Commissioner of 
Internal Revenue, Inter-State Commerce Commission- 
ers, Comptroller of the Currency, Superintendents of 
Mints, Commissioner of Patents, Commissioner of Pen- 
sions, Pension Agents, Collectors of Customs and In- 
ternal Eevenue, Land Agents, Indian Agents, District 
Attorneys, Marshals, Territorial Governors, Postmas- 
ters whose salaries are $1,000 and over, and all Military 
and Naval Officers, unless otherwise ordered by law. 

Congress has vested the appointments of certain in- 
ferior officers as follows : The President appoints the 
clerks in his office ; the judges appoint the officers of 
their own courts and the heads of the departments 
appoint their subordinates with the exception of some 
of the principal ones, whose appointment is secured 
through nomination by the President and confirmation 
by the Senate. 

All of the nominations sent by the President to the 



Poioers and Duties of the President 275 

Senate are submitted to appropriate committees, as ActioBof 
Postmasters to the Post-Office Committee, Ambassa- onnomma- 
dors to the Committee on Foreign Affairs. The report 
of the committee is considered in executive or secret 
session and the nomination is then voted on. If the 
vote is adverse, the President must make another nomi- 
nation. 

In making his appointments, the President is largely 
dependent upon the advice of the head of that depart- 
ment under whose direction the officer will come, or 
upon the recommendation of the Representatives and 
Senators of his partv from the State in which the office official pat- 

*' rODtlffG. 

is located. This power of official patronage through 
which political assistants in a State may be rewarded 
with a Federal office has become so burdensome that 
many Congressmen complain of it and express the de- 
sire to be freed from its exactions. 

There has grown up an almost invariable custom, known as 
Senatorial Courtesy. By it, no appointment can be confirmed un- Senatorial 
less it meets the sanction of one or both of the Senators of the State °^ ^^^' 
in which the office is located, provided they are members of the 
party then in control of the Senate. 

During the first forty years of our government, the 
views of the founders with regard to appointment and 
removal from the civil service were generally upheld. Eeraovai 
It was evidently their intention that postmasters, col- 
lectors of the revenues, and officials of this nature were 
to be regarded as clerks or agents appointed to assist 
in carrying on the government. It was believed that 
these non-political offices should be filled without regard 
to any personal or political favor and that an officer 
might retain his position so long as he rendered faithful 
and efficient service. The rule advocated by Madison 
that the President might remove officials without the 
consent of the Senate was acknowledged by Congress. 



from office 



276 Poioers and Duties of the President 



Eotation in 
oflBce. 



Fourteenth 
Keport 
United 
States 

Civil Service 
Commis- 
sion, 1896- 
97, 36. 



The Spoils 
System. 



Jackson, 
American 
Statesmen 
Series, 162. 



Under its operation, the entire number of removals 
from office between Washington's first administration 
and that of Jackson was only seventy-four, and five of 
the officers removed were defaulters. 

It was during this period that William Henry Craw- 
ford, Secretary of the Treasury, hoping to pave the way 
for his nomination as a Presidential candidate seciu'ed 
the passage in 1820 of the " four year tenure act " by 
which most of the officials of the National government 
who collected and paid out public money were to have 
their terms of office limited to four years. Thus was 
made possible the dangerous political device, known as 
" rotation in office." Webster, Clay, Calhoun, and other 
statesmen spoke of the evils growing out of such a law, 
but it is still in force. 

But the " spoils system," as it is usually understood, 
did not become a permanent feature of our government 
until Jackson became President. This system, by which 
appointive offices are to be regarded as bribes or re- 
wards for partisan services, was in use in Pennsylvania 
as early as 1790, and was introduced into New York by 
1800. It was W. L. Marcy of the latter State who, in 
defending the system before the United States Senate, 
first used the expression " to the victors belong the 
spoils of the enemy." President Jackson made the usage 
National by changing 2,000 officials during the first year 
of his administration. It was natural that President Van 
Buren, who as Secretary of State under President Jack- 
son said, "We give no reasons for our removals," should 
carry on a similar policy. The Whigs denounced the abuse 
of the civil service on the part of their opponents, and 
promised, if elected, to make the needed reforms. But 
the pressure upon them was too great, for no sooner were 
they given power by the election of 1840 than the sacri- 
fice of Democratic office-holders began. From this time 



Poivers and Duties of the Pi^esident 277 

down to 1883, whenever there was a change of adminis- 
tration, and especially when this meant the victory of a 
different political party, a " clean sweep " of the officers 
was thought to be necessary. 

The evils of the system were indicated in the reports 
of special committees appointed by the different Con- 
gresses ; and public opinion finally compelled Congress 
to pass an act, March 3, 1871, authorizing the President Act of 
to frame and administer, through a commission, such isn? ' 
rules as he thought best for the regulation of admission 
to the civil service. President Grant was in favor of the 
act and appointed a commission to carry on the com- 
petitive examinations for testing the efficiency of candi- 
dates applying for office. In 1874, Congress refused to 
make any further appropriation for the work of the 
committee. 

January 16, 1883, Congress passed the " Civil Service 
Law." This act established the United States Civil 
Service Commission, which was to be composed of three The Pendie- 
members, not more than two of whom should belong to 
the same political party. Other provisions of the act and 
the rules for carrying it out are : That there shall be 
open, competitive examinations for testing the fitness 
of the applicants for the public service in the depart- 
ments at Washington, and in the custom-houses and 
post-offices where at least fifty officials are employed; 
that when a vacancy exists in any office in either of 
these classes it shall be filled from the three appli- 
cants graded highest in the list of those who have 
passed the competitive examination ; that the final ap- 
pointment shall not be made until after a trial of six 
months in the office, and that the original appointments 
at Washington shall be apportioned among the States, 
Territories, and District of Columbia, upon the basis of 
population. The law does not extend to positions out- 



ton Bill. 



278 Powers and Duties of the President 

side the Executive branch of government, to positions 
for which appointment is made by the President with 
the consent of the Senate, or to places of unskilled labor. 
The President is given the power to direct the further 
extension of the " classified service," or positions which 
are to be filled by persons who have taken the examina- 
tions. 

The number of offices originally included under the act 
Civil Service was about 14,000. The classified offices reported May 1, 
Report, 1898, numbered 86,989, and those which were unclassi- 
fied or excepted about 92,500. Some 67,000 of the un- 
classified offices were fourth-class post-offices in which 
a salary of less than $1,000 is paid. 

The ordinai'y civil service examinations are held twice 
each year at such places throughout the country as are 
designated by the Commission. Much has been accom- 
plished since the law went into effect, but it is to be 
hoped that the system will at an early date be extended 
to the offices still unclassified,* and that the effective 
reform work already done in some of our States and 
cities f will become general throughout the country. 
Two other provisions of the act have also brought about 
a vast improvement in our civil service. One of these 
provides that official authority and influence shall not 
be used to coerce the political action of any citizen ; and 
the other, that no person in the public service is under 
obligation to contribute to any political fund or to ren- 
der any political service. 
Rule for The President may remove an officer during the session 

of the Senate by nominating, and by and with the advice 
and consent of the Senate, appointing his successor. 

* The Cominission recommended in its reports for 1897 and 1898 that 
the civil service rules be extended to the " municipal service of the Dis- 
trict of Columbia, the force in the Library of Congress, and the clerical 
force of the next census." 

t See pp. 33-33. 



Poivers and Duties of the President 279 

If the removal is made during the recess of Congress, 
the newly-appointed officer receives his commission and 
enters upon his duties at once. If, when the Senate 
convenes, it refuses to confirm the appointment, the 
President makes another nomination. A most impor- 
tant order was issued July 27, 1897, which provides that 
"No removal shall be made from any position subject civii service 

, ,■,- 'J.' j.i!*j. -I Commission 

to competitive examination except tor just cause and Eeport, 
upon written charges filed with the head of the depart- ' ' 

ment or other appointing officer, and of which the 
accused shall have full notice and an opportunity to 
make defence." An act of 1866, still in force, provides 
that "No officer in the military or naval service shall, 
in time of peace, be dismissed from service except upon, 
or in pursuance of, the sentence of court-martial, to 
that effect or in commutation thereof." 

When an office becomes vacant during the recess of 
the Senate, the President appoints as in the case of Vacancies, 
removal during the recess. If the Senate fails to act on 
the nomination before the adjournment, the President 
must then issue a new commission to the same or 
another person. 

He shall, from time to time, give to the Congress informa- Article n, 
tion of the state of the Union, and recommend to their con- Duties of 
sideration such measures as he shall judge necessary and dent. ^^^' 
expedient ; he may, on extraordinary^ occasions, convene 
both Houses, or either of them, and in case of disagreement 
between them, with respect to the time of adjournment, he 
may adjourn them to such time as he shall think proper ; 
he shall receive Ambassadors and other public ministers ; 
he shall take care that the laws be faithfully executed, and 
shall commission all the officers of the United States. 

The most important duty of the President is to see 
that all laws passed by Congress are faithfully executed. 
Laws are useless unless they are enforced, and it is 



280 Powers and Duties of the President 



Enforce- 
ment of the 
laws. 



Presidential 



Special ses- 
sions. 



The Presi- 
dent and 
foreign 
ministers. 



chiefly for the performance of this task that the Execu- 
tive was originally created. It is not contemplated that 
this duty shall be performed by him in person, but 
through officials who are directly responsible to him. 
The United States marshals and their deputies exercise 
a wide influence in seeing that the laws are enforced. 
They usually act under an order from a United States 
court, but may, at times, act without such a writ. If 
necessary, the President may send the army and navy of 
the United States and call out the militia of the States 
to overcome any resistance to Federal law. 

By means of the annual message sent to Congress at 
the opening of the session, and special messages on par- 
ticular occasions, the President is enabled to call atten- 
tion to the legislative needs of the country. The plan 
of having a message read in each House by the clerk or 
secretary was introduced by President Jefferson. Presi- 
dents Washington and Adams addressed, in person, 
Congress assembled in joint session. Various reasons 
have been alleged for this change. It is said that Presi- 
dent Jeflferson was a poor speaker, and that he regarded 
the formal address as monarchical. 

The power of calling Congress together on extra- 
ordinary occasions has been exercised ten times by as 
many different Presidents. The House of Representa- 
tives has never been called in special session alone. It 
has become the custom for the outgoing President to 
call the Senate in special session to act on the nomina- 
tions of the Cabinet and other officials to be appointed 
by his successor immediately following the inauguration. 

The act of receiving a minister from a foreign state is 
equivalent to the acknowledgment of that state as an 
independent nation. A minister may be rejected or 
dismissed because he is personally objectionable ; be- 
cause there is no desire to recognize his state as 



Poivers and Duties of the President 281 

sovereign ; or for the reason that unfriendly relations 
exist between the two nations. Should the executive 
of one nation send to the minister of another nation, 
during a period of strained relations, that minister's 
official papers, it would be regarded as equivalent to a 
declaration of war. 



Supplementary Questions and References. 

1. What have been some of the most important treaties 
entered into on the part of the United States ? 

2. For the treaty made at the close of the Spanish- 
American War, see Rev. of R's, 18 : 358, 371, 515, 631 ; 
19 : 11, 261, 262, 266, 267. 

3. In what ways may a treaty be abrogated ? Harrison, 
This Country of Ours, 140, 141. 

4. May a President have many of the privileges of 
private life ? 

a. The President at Home, Harper's Mag., 89 : 196-203. 
&. Harrison, This Country of Ours, 177-180. 

5. What are some of the oflBcial cares of the President ? 
a. Our Fellow Citizen of the White House, Century 

Mag., 53 : 645-664. 
6. Harrison, This Country of Ours, 162-177. 

6. Secure a copy of the last report of the Civil Service 
Commission and also Manual of Examinations for the 
Classified Service of the United States and look up the 
following : 

a. How many persons are included in the civil ser- 
vice of the United States ? 

&. What proportion of them are included in the clas- 
sified service? 

c. Does the Law of 1883 seem to have brought about 

satisfactory results ? 

d. What offices have been included in the extensions of 

the Civil Service Law ? 

e. What is the nature of the questions given in the 

examinations ? 



282 Powers and Duties of the President 

7. The Fifteenth Annual Report of the Commission (pp. 
443-485) contains an account of tlae appointments and re- 
movals by the various Presidents from 1789 to 1883. Also 
an account of the growth of civil service reform in the 
States and Cities of the United States, pp. 489-502. 

8. May a man be fitted for political preferment and not 
be competent to pass an adequate examination ? Atl. Mo., 
65 : 443, 444. 

9. For other articles on civil service reform see : a. 
The Civil Service as a Career, Forum, 20 : 120-128. &. 
Lyman J. Gage, The Civil Service and the Merit System, 
Forum, 27 : 705-712. c. Some Popular Objections to Civil 
Service Reform, Atl. Mo., 65 -.433-444 ; 671-678. d. Roose- 
velt, An Object Lesson in Civil Service Reform, Atl. Mo., 
67 : 252-257. e. George William Curtis and Civil Service 
Reform, Atl. Mo., 75 : 15-24. /. Lyman, Ten Years of 
Civil Service Reform, N. Am. Rev., 157 : 571-579. g. Rice, 
Improvement of the Civil Service, N. Am. Rev., 161 : 
601-611. h, Roosevelt, Present Status of Civil Service 
Reform, Atl. Mo., 75 : 239-246. i. Roosevelt, Six Years of 
Civil Service Reform, Scribner's Mag., 18 : 238-247. j- 
The Purpose of Civil Service Reform, Forum, 30 : 608-619. 

10. What was the Tenure of Office Act of 1867? Why 
did it become of great importance ? Is it still in force ? 
Wilson, Division and Reunion, 267, 270-271, 297. Harri- 
son, This Country of Ours, 101-103. 

11. What were the chief points discussed in the Presi- 
dent's last annual message ? 



CHAPTER XXV 

THE CABINET AND THE EXECUTIVE DEPARTMENTS 

The President's Cabinet comprises the Secretary of 
State, Secretary of the Treasury, Secretary of War, At- 
torney-General, Postmaster-General, Secretary of the The 
Navy, Secretary of the Interior, and Secretary of Agri- 
culture. These constitute the chief officials in the eight 
executive departments of our government. It wslb taken 
for granted that such departments would be formed, for 
the Constitution declares the President may require the 
opinions in writing of the heads of the executive depart- 
ments, and again, that Congress may vest the appoint- 
ment of certain inferior officers in the heads of these 
departments. But there was no thought in the Consti- 
tutional Convention of creating an institution whose 
members should meet regularly with the President and 
consult on matters outside of their own departments. 
The Cabinet, as a body, has no legal position as a part of 
the government. The different departments have been 
created by acts of Congress and their duties are defined 
by law. The President is not obliged to take the ad- 
vice of his Cabinet, although their views usually have 
weight with him. No official record is kept of the meet- 
ings.* 

* The following is taken from a conversation with President Hayes, 
reported by C. E. Stevens in his Sources of the Constitution of the 
United States, pp. 167-168. President Hayes said that he and other 
Presidents had occasionally acted independently of Cabinet advice ; that 
the custom of the past had varied ; and that some Presidents had been 
jjxore influenced by their Cabinets than others. He said that President 

383 



284 The Cabinet and the Executive Departments 

Formation In 1789, the first Congress created the Departments of 
partments. State, War, and the Treasury, also the of&ce of Attorney- 
General. President Washington's Cabinet consisted of 
the officials whom he appointed to fill these four posi- 
tions. The Navy Department was added in 1798. Prior 
to this time naval affairs had been under the control of 
the War Department. While a Post-Office Department 
was established in 1794, the Postmaster-General was not 
made a member of the Cabinet until 1829. In 1849, the 
Interior Department was created by grouping under it 
certain duties which had belonged to other departments. 
The Department of Agriculture was organized in 1862, 
and to it were assigned the duties appertaining to the 
agricultural interests of the country which had been per- 
formed through the State Department. It was not made 
a Cabinet position until 1889. In 1888 Congress con- 
stituted the Bureau of Labor as a separate department, 
but did not make its head a Cabinet officer. It has also 
been advocated that Departments of Commerce and of 
Education should be formed. 

Members of the Cabinet receive an annual salary of 

$8,000. The departments furnish an example of a splen- 

Saiaries and didly organized system. That the business of each de- 

lanization partment may be more easily done, it is distributed 

partments. among bureaus. The bureaus are again divided into 

divisions, and the divisions into rooms where the large 

numbers of clerks are to be found. At the head of each 

bureau is a commissioner, and of each division a chief. 

To complete the satisfactory working of the system, each 

clerk is made responsible to his chief of division ; this 

Buchanan was much worried by his Cabinet because not strong enough 
to insist on his own will, but that President Lincoln had decided on his 
Emancipation Proclamation without consulting his Cabinet, and read it 
over to them merely for suggestion and amendment. On two occasions, 
he (President Hayes) decided and carried out matters against the wishes 
of the secretary of a department aflFected. 



The Gabuiet and the Executive Departments 285 

chief, to his commissioner ; and he, in turn, to the secre- 
tary, who is responsible to the President and to Con- 
gress. 

The Department of State. 

The Secretary of State is commonly called the head 
of the Cabinet. He is first in rank at the Cabinet table. Secretary of 

state 

and occupies the seat of dignity at the right of the Pres- 
ident. Under the direction of the President, he con- 
ducts all negotiations relating to the foreign affairs of 
the Nation ; carries on the correspondence with our rep- 
resentatives in other countries ; and receives the repre- 
sentatives of foreign powers accredited to the United 
States, and presents them to the President. Through 
him, the President communicates with the Executives of 
the different States. He has charge of the treaties made 
with foreign powers, and negotiates new ones. He also 
has in his keeping the laws of the United States, and the 
great seal which he affixes to all Executive proclamations, 
commissions, and other official papers. He publishes the 
laws and resolutions of Congress, and issues and records 
passports. The Secretary of State has three assistant 
secretaries. There are six bureaus in the department : 
Diplomatic, Consular, and the bureaus of Indexes and 
Archives, of Accounts, of Foreign Commerce, of Eolls 
and Library. 

The United States, in common with other nations, 
sends representatives to the foreign capitals. They are 
the agents through whom the Secretary of State com- 
municates and negotiates with other powers. Such af- 
fairs are conducted through the Diplomatic Bureau. Diplomatic 
The United States has now about thii'ty-five Ambas- 
sadors and Ministers, Our representatives at the courts 
of England, France, Germany, Russia, Italy, and Mex- 
ico are known as Ambassadors. The Ambassadors to 



286 The Gah'tnvt and the Executive Departments 



Congros- 
Bloiml Di- 
rectory, 
10(1(1, 
27-l-'J7(!. 



CoiiHulm- 
IJuu-mi. 



Coiigros- 
Hioirnl 1)1- 
roi'l.oi'v, 

V.llHl, ■ 
277-ai).l. ^ 



the first four coiuitrios receive a salary of $17,500 each, 
and the Ambassador to Italy $10,000 per aiinuin. 
The social demands made upon our Ambassadors are 
great and they are also obliged to provide for their 
places of residence. The salaries paid are not sufficient 
to meet these necessary expenses and are small in com- 
parison Avith those paid by the European nations to 
officers of the same rank. Thus, the English Am- 
bassador at Washington receives a salary of 132,500. 
Besides the English, the Germans, the Japanese, and 
some other nations have provided houses for their 
legations. 

A Consul is sent by the United States to each of the 
chief cities in the consular districts into which foreign 
countries are divided by our State Department. These 
Consuls, of which there are three grades, Consuls-Gen- 
eral, Consuls, and Consular Agents, look after the com- 
mercial interests of the United States in those districts. 
They make monthly reports on improvements in agri- 
cultural and manufacturing processes. These reports 
also give information regarding good markets for our 
jn-oducts and of the best markets in which to purchase 
foreign prodticts.* They care for destitute American 
sailors and protect the interests of our citizens in for- 
eign countries. In some of the non-Christian nations, 
such as China and Turkey, the Consuls also have juris- 
diction over all criminal cases in which any American 
citizen may bo a party. The importance of such a 
service to the country is self-evident. The appoint- 
ment of these 1,200 officials, some 250 of them being 
Consuls-General and Consuls, is usually secured under 

* Among scores of similar subjects, onr Consuls reported in 1900 on 
the following : Amcrioiiu goods in Sjn-ia ; Americans in Japan ; Amer- 
ican commerce with Asia Minor and Eastern Europe ; German opinion 
of American locomotives ; American coal for Germany ; Europe and 
American competition. 



The Cabinet and the Executive Departments 287 

party pressure. It would have a wholesome influence 
on our rapidly developing commercial interests were 
these positions placed in the classified service. 



The Depaetment of the Treasury. 

The Department of the Treasury is the most exten- ] 
sive and complex of the Executive Departments. In 
general, the Secretary of the Treasury has charge of the secretary 
finances of the nation. He is required to prepare plans Treasury. 
for the creation and improvement of the revenues and 
the public credit and to superintend the collection of 
the revenue. He gives orders for all moneys drawn from 
the Treasury in accordance with appropriations made by 
Congress, and submits an annual report to Congress 
which contains an estimate of the probable receipts and 
expenditures of the government. 

It is very important that the accounts of the govern- 
ment should be carefully scrutinized, and one of the six 
auditors connected with the Treasury Department must The six 
pass upon the accounts of every public officer who pays 
out money. Thus the auditor for the Treasury De- 
partment examines all accounts of salaries and incident- 
al expenses of the office of the Secretary of the Treas- 
ury and all other offices under his immediate direction, 
such as the Treasurer and the Assistant Treasurers, 
Directors of the Mint and Assay Offices. Another au- 
ditor examines the accounts connected with the busi- 
ness of the Department of War. There is also an au- 
ditor for the Department of the Interior, one for the 
Navy Department, one for the Department of State, of 
Justice, and of Agriculture, and one for the Post-Office 
Department. The auditor for this last department has 
400 clerks under his direction. It is the largest ac- 
counting office in the world. 



288 The Cabinet and the Executive Departments 



Comptroller 
of the 
Treasury. 



The Treas- 
urer. 



The Regis- 
ter of the 
Treasury. 



The Chief 
of the Bu- 
reau of En- 
f raving and 
'rinting. 



-+H 



The Comptroller of tlie Treasury is required to revise 
the accounts of any auditor when an appeal is made 
from the auditor's decision by the claimant, by the 
head of the department interested, or by the Comptroller 
himself. He prescribes the forms of keeping the pub- 
lic accounts (except those relating to the postal service), 
and directs the recovery of debts due the United States 
which have been passed upon by the auditors. 

All of the money of the United States is under the 
care of the Treasurer. He receives and pays it out 
upon the warrant of the Secretary of the Treasury or a 
designated assistant, redeems the notes of the National 
banks, and manages the Independent Treasury System. 
This system renders the Treasury Department practi- 
cally independent of the banks of the country. It in- 
cludes the Treasury at Washington and sub-treasuries, 
each in charge of an Assistant Treasurer, at Boston, 
New York, Philadelphia, Baltimore, Cincinnati, Chicago, 
St. Louis, New Orleans, and San Francisco. While the 
greater part of the money belonging to the government 
is found in these places, about 200 National banks have 
also been designated as public depositories. 

The Begister of the Treasury signs and issues all 
bonds of the United States, and signs all transfers 
which convey money from the Treasury to the sub- 
treasuries or to any of the depositories. 

The Bureau of Engraving and Printing is one of the 
largest in the Department and employs about 1,600 peo- 
ple. It has been said that the products of this bureau, 
in the course of a single year, represent a sum equal in 
value to all the money in circulation in the United 
States ; for here the engraving of the plates and the 
printing of all the United States circulating notes, 
bonds, revenue stamps, and postage stamps are done. 

The duties of the Comptroller of the Currency and 



The Cabinet and the Executive Departments 289 

Commissioner of Internal Revenue are discussed on 
pages 186, 217 and 218. 

Among the other leading officials of the Treasury De- 
partment are the Director of the Mint, Commissioner of other offl- 
Immigration, Commissioner of Navigation, Superintend- Treasury 
ent of the Coast and Greodetic Survey, General Superin- ment, 
tendent of the Life Saving Service, Chief of the Bureau 
of Statistics, Solicitor of the Treasury, Supervising In- 
spector-General of Steam Vessels, Light House Board, 
Supervising Surgeon-General, and Supervising Architect. 

The Commissioner of Immigration superintends the 
work done by the inspectors of immigrants. Every commis- 
immigrant must undergo a rigid examination in order immigra- 
to ascertain whether he belongs to any of the prohibited 
classes (see pages 198-199). Each immigrant must 
pay a tax of one dollar, which sum is used to pay the 
expenses of the bureau.* 

The Superintendent of the Coast and Geodetic Survey 
superintends the survey of the coasts and rivers of the 
United States. He has charge of the publication of 
charts and sailing directions which are of inestimable 
value to mariners. 

The Life Saving Service, under a General Superintend- 
ent, is one of the most important branches of the Treas- The Life 
ury Department. More than 2,000 men are employed vice°^ 
in the 264 stations, located generally at danger points 
on the oceans and the great lakes. Out of the 3,987 
lives imperilled in the year 1898 in the disasters on water. Finance Ke- 
enly 22 were lost. Of the property involved, which \xs^\. ' 
was valued at f7,368,000, 88 per cent, was saved. It 

* Three thousand two hundred and twenty-nine immigrants were 
debarred in 1897 out of 229,299 immigrants seeking admission to the 
United States. In 1899 there were 300,165 immigrants to the United 
States, and 3,798 were refused admission. Of these there were 2,599 
paupers ; 741 contract laborers ; 348 diseased persons ; 83 assisted im- 
migrants ; 19 insane persons ; 8 convicts ; and 1 idiot. 



290 The Cabinet and the Executive Departments 



Chief of the 
Bureau of 

Statistics. 



Solicitor of 
the Treas- 
ury. 



Light- 
House 
Board. 



Supervising 
Surgeon- 
General. 



Supervising 
Architect. 



has been estimated that 225,000 lives have been saved 
through this service since it was founded in 1848. 

The Chief of the Bureau of Statistics collects and pub- 
lishes the annual statistics on commerce. These reports 
are of such a character that they are invaluable to 
the President in the preparation of his messages ; and 
they are used extensively by the heads of departments, 
members of Congress, and the public. Tariff laws, 
special legislation for particular industries, and all in- 
ternational trade -treaties are also based on these com- 
pilations. The greatest demand is for the Annual 
Statistical Abstract, which presents in a condensed form 
the history of the commerce of the United States for a 
number of preceding years. 

The Solicitor of the Treasury is the law officer of the 
department, and has charge of all prosecutions by the 
government arising out of the counterfeiting of the 
government securities, or of the infringement of customs- 
revenue, and of all suits for the collection of moneys 
due the United States, except those due under the in- 
ternal-revenue laws. 

The Light-House Board has charge of the 1,199 light- 
houses which had been established previous to the year 
1899, besides the light- vessels and beacons used for the 
protection of navigation. 

The Supervising Surgeon-General superintends the 
twenty-two marine hospitals where our sick sailors are 
cared for ; conducts the quarantine service of the United 
States ; and directs the laboratories for the investigation 
of the causes of contagious diseases. 

The Supervising Architect prepares the plans for gov- 
ernment buildings and superintends their construction. 



The Cabinet and the Executive Departments 291 

MniTAEY AND NaVAL AfFAIES. 

The President has never assumed command of the 
army in person, but has delegated his authority to offi- 
cers whom he selects. The Secretary of War and Secre- 
tary of the Navy exercise this authority during the 
time of war. They, in turn, select other officers to as- 
sist them. The orders given by the President to any 
officer are strictly imperative. 

The Secretary of War has charge of the military affairs 
of the government under the direction of the President, secretary of 

. War. 

He supervises all estimates of appropriations for the 
expenses of the department, for the purchase of all sup- 
plies for the army, and for its transportation. He has 
under his supervision the military academy at West 
Point ; and all the National cemeteries. He has the 
oversight also of river and harbor improvement ; and of 
the prevention of obstruction to navigation. All chiefs 
of the eleven bureaus are regular army officers. 

The Adjutant-General issues orders for the muster Adjutant- 
of troops and for their movement, conducts the corre- 
spondence of the Department, and keeps the records. 

The Inspector-General examines and reports on all inspector- 
places where United States troops are stationed ; on 
public works carried on by army officers ; and on the 
Military Academy and prisons. 

Under direction of the Quartermaster General, the Quarter- 
army is transported, clothed, and equipped. General. 

Food is supplied the army by order of the Commis- 
sary-General, and medicine by order of the Surgeon-Gen- Commis- 
eral ; and arms are supplied by the Chief of Ordnance, erai. 
The arms used^ are manufactured chiefly in the United chief of 
States arsenals, which are under the control of the War_ 



Department. The arsenals at Springfield, Massachu- 
setts, and Rock Island, Illinois, manufacture rifles and 



-^W" 



292 The Cahinet and the Executive Departments 



Judge -Ad- 
vocate-Gen- 
eral. 



CoriJS of 
Engineers. 



Chief Signal 
Officer. 



carbines ; and that at West Troy, New York, cannon and 
mortars. 

The proceedings of all courts-martial and courts of in- 
quiry are reviewed and recorded under the direction of 
the Judge- Advocate-General. He is also the legal ad- 
viser of the Secretary of War on questions relating to 
the army. 

The Corps of Engineers is in charge of the Chief of 
Engineers. The duties of these officials are to locate and 
construct fortifications, military bridges, and light- 
houses ; and to carry on the work of the government for 
the improvement of harbors and navigable rivers. 

The Chief Signal Officer supervises all military signal- 
ing, such as communicating messages from distant 
points by the use of flags, the heliograph, flashlights, 
and similar devices. He is also charged with the super- 
vision of the construction and operation of all military 
telegraph lines. 



The United 
States 
military 
academy. 



The United States military academy at West Point was founded 
in 1802. The corps of cadets is made up of one cadet from each 
of the Congressional districts, one from each of the Territories, and 
the District of Columbia, and one hundred from the United States 
at large. Prior to the year 1900, there were only ten cadets at 
large. The act of that year also provided that thirty cadets were 
to be named by the President directly, and the remainder appor- 
tioned among the States. They all receive their appointments from 
the President, but it has become the custom for the Representatives 
and Delegates to select those from the Congressional districts and 
the Territories. An appointment may be made after a competitive 
examination, which is the usual way, or without such a test, accord- 
ing to the wishes of the Representative. The cadet must be between 
seventeen and twenty-two years of age. Each receives $540 a year 
during the four years of his course. The course of study has for 
the principal subjects : mathematics, French, Spanish, drawing, 
tactics, physics, chemistry, geology, history, international and con- 
stitutional law, civil and military engineering, and the science of 
war. Upon graduation, the cadets are commissioned as second 



The Cabinet and the Executive Departments 293 

lieutenants in the United States army. In case there are more grad- 
uates than vacancies, those in excess are honorably discharged with 
the payment of one year's salary. 

The Depaetment op the Navy. 

The duties of tlie Secretary of the Navy pertain to the 
construction, manning, arming, equipping, and employ- secretary of 

tllG NSVY* 

ment of war-vessels. The work is distributed among 



H 



the following bureaus : navigation, yards and docks, 
equipment, ordnance, construction and repair, steam en- 
gineering, medicine and surgery, supplies and accounts. 
The chiefs of these bureaus are officers of the United 
States navy. 

The naval observatory at Washington is under the direction of the 
Secretary of the Navy ; also the naval academy at Annapolis, estab- The United 
lished in 1846. One cadet is allowed in the naval academy for each academy, 
member or delegate of the House of Representatives, one for the 
District of Columbia, and ten at large. Candidates for admission, 
at the time of their examination, must be between the ages of fifteen 
and twenty years. The nomination of a candidate to fill a vacancy 
is made upon recommendation of a Representative or Delegate, if 
made before July 1 ; but if no recommendation be made by that 
time, the Secretary of the Navy fills the vacancy by appointing an 
actual resident of the district in which the vacancy exists. The 
President selects the candidates at large and the cadet for the Dis- 
trict of Columbia. At the conclusion of the six years' course, two 
of which are spent at sea, the graduates are assigned in order of 
merit to the vacancies that may have occurred in the lower grades 
of the line of the navy and of the marine corps. Cadets who are 
not assigned to service after graduation are honorably discharged 
and are given $500, the amount they have received each year of 
their course at the academy. 

The Depaetment of Justice. 

The Attorney-General is the legal adviser of the Pres- Attomey- 
ident and of the heads of the departments. He super- 
vises the work of all the United States District Attorneys 



294 The Cabinet and the Executive Departments 

and Marshals, and is assisted by the Solicitor-General. 
Unless otherwise directed, all cases before the Supreme 
Court and the Court of Claims in which the United 
States is a party are argued by the Attorney-General 
and the Solicitor-General. The law officers of the vari- 
ous departments are also under the direction and con- 
trol of the Attorney-General. 

The Post Ofpice Department. 

Postmaster- The Postmaster-Gcneral is at the head of this depart- 
ment. He appoints all of the officers of the depart- 
ment, with the exception of the four Assistant Post- 
masters-General and 3,800 Postmasters whose salaries 
are not less than |1,000 and whose appointments are 
made by the President with the consent of the Senate. 
The Postmaster-General may, with the consent of the 
President, let contracts and make postal treaties with 
foreign governments. 



Since 1891, the United States has been a member of the Uni- 

The Postal versa! Postal Union. By this Union over fifty distinct powers be- 

^^^^- came parties to an agreement by which uniform rates of postage 

were agreed upon and every facility for carrying mails in each 

country was estended to all the others. 

Bureaus of There are four bureaus in the department, each in 

the Post- 

Office De- charge of an Assistant Postmaster-General. The gen- 
' ^^^ ' eral management of the post-offices with their clerks and 
carriers is under the direction of the first Assistant. 
The second Assistant looks after the transportation of 
the mails ; the third Assistant furnishes stamps and has 
charge of the finances ; while the fourth Assistant looks 
after the appointment of nearly 70,000 postmasters and 
directs the inspectors. 



The Cabinet and the Executive Departments 295 



The Department of the Interior. 

The Interior Department, under the supervision of TheSecre- 
the Secretary of the Interior, is one of the most complex interior. 
and important of the departments. There are two 
Assistant Secretaries in the department, while at the 
head of the other offices are six Commissioners and two 
Directors. 

The Commissioner of the General Land Office has commis- 
charge of all the public lands of the government, and the General 
supervises the surveys, sales, and issuing of titles to this fice. 
property (See p. 333). 

The Commissioner of Education is the chief of the 
Bureau of Education. This bureau has charge of the commis- 

BIOHGr of 

collection of facts and statistics relating to the educa- Education. 
tional systems and to progress along educational lines 
in the several States and Territories, and also in foreign 
countries. The reports issued by the bureau are of 
great value to those interested in education. The Com- 
missioner has advisory power only, except in Alaska. 
Here, he directs the management of the schools. 

The Commissioner of Pensions supervises the examina- 
tion and adjustment of all claims arising under the laws Commis- 
of Congress granting bounty land or pensions on account Pensions. 
of services in the army or navy during the time of war. 
That our government has not been ungrateful may be 
gathered from the report of the Commissioner for 1900. 
There were in that year 993,529 pensioners, to whom 
were paid approximately $140,000,000, or an amount 
equal to 24 per cent, of the total revenues of the gov- 
ernment. 

Prior to 1871 the Indian tribes were treated as inde- 
pendent nations by the United States, but by a law of Commis- 
that year the general government was made the guar- Indian 
dian of their interests. The Commissioner of Indian 



296 The Cabinet and the Executive Departments 

Affairs exercises a protecting care over these " wards " 
by directing the work of the Indian agents and of the 
superintendents of Indian schools. 



Indian 

reaerva- 

tionB. 



Commis- 
sioner of 
Railroads. 



Director of 
the (Jeologi- 
cal Survey. 



There are some 200,000 Indians on the 177 reservations which are 
situated in the various States and Territories. The lands of these 
reservations are held in common ; that is, the ownership is tribal 
rather than individual. It is the policy of the government, how- 
ever, to bring about the allotment of lands "in severalty," and 
thus to encourage the Indians to adopt an agricultural life. The 
Indians are only partially self-supporting. Some tribes derive an 
income from funds which are the proceeds derived from the sales 
and cessions of their lands. The National government holds this 
money in trust for them, and, by direct appropriation, supplies the 
money, food, and clothing necessary to complete their support. 
The expenditures for the needs of the Indians in 1899 were $8,237,- 
000. Over one-fourth of this sum was spent in their education in 
Indian schools, numbering nearly 300, which are under the direct 
control of the department. 

The Commissioner of Railroads secures regular re- 
ports from all companies whose roads have been aided 
in their construction by the government through grants 
of land or otherwise. He must also see that the laws 
relating to the management of those roads are strictly 
enforced. 

The Director of the Geological Survey has gathered 
much valuable information through the examination of 
the geological structure, mineral resources, and mineral 
products of the United States. He has charge, also, of 
the survey of the forest reserves. 

The duties of the Director of the Census are given on 
pp. 144 and 145, and those of the Commissioner of 
Patents on pp. 231-232. 



The Cabinet and the Executive Departments 297 



The Depaetment of Ageiculture. 

The duties of the Secretary of Agriculture are : " To 
acquire and diffuse among the people of the United secretary 
States useful information on subjects connected with ^e. ^^'^ 
agriculture in the most comprehensive sense of that 
word." The activities of the department are along 
many lines, as indicated by the names of the bureaus 
and divisions. 

One of its most important sei-vices is performed in 
the Bureau of Animal Industry, which inspects the Bureau of 

•^ ' ■■• Animal 

greater part of the meat products exported to European industry. 
countries. The law providing for this inspection was 
necessary because of the claim in European markets 
that diseased meats were shipped from the United States. 
An inspection is also provided for live animals intended 
for exportation and of animals imported. Much scien- 
tific work is also devoted to a study of the various 
diseases of animals. 

In like manner, the Division of Vegetable Physiology Division of 
and Pathology is engaged in the study of diseases affect- Physiology, 
ing trees, and that of Entomology in the investigation 
of injurious insects. 

Continuous advancement is being made by the gov- 
ernment toward placing the agricultural pursuits upon Newbn- 
a more scientific basis. Thus, Congress in 1901 rec- 
ognized the value of the work done by changing the 
Divisions of Forestry, of Chemistry, and of Soils into 
bureaus. A Bureau of Plant Industry was also formed. 

The Division of Biological Survey carries on the study Biological 
of the geographic distribution of animals and plants 
and of the food habits of birds. 

Over $100,000 are expended each year by the Division Division 
of Seeds in the purchase of " rare and valuable " seeds, 
bulbs, and plants. These are distributed free through- 



298 The Cabinet and the Executive Departments 

out the country for the purpose of fostering the intro- 
duction of new and more valuable crops. 

Another important interest is carried on by the Office 
Public of Public Eoad Inquiries. Here experiments are made 

quiries!^ with regard to the best system of road-making and the 
best materials to be used for that purpose. 

The Divisions of Botany and of Gardens and Grounds 
are also in the department. 

Through the Weather Bureau daily forecasts and 
Weather warnings of storms are sent to over 50,000 different 
points ; and storm signals are displayed at 300 places 
on our coasts. By its operation, millions of dollars are 
saved each year to the agricultural and maritime in- 
terests of the country. A recent decree of the Post- 
Office Department renders the reports of the bureau 
of still greater service. Slips of paper having the 
storm, frost, or other warnings printed on them are to 
be distributed by the rural mail carriers at the various 
houses in the districts affected. 

The Department of Labor was created in 1888, but 
the Commissioner was not given a place in the Cabinet. 
Department The general character of the work done and influence 
of Labor. ^^ ^^^ department may be gathered from the titles of 
some of its publications. These are in addition to the 
annual report : Eeports on " Convict Labor," 1886 ; 
"Strikes and Lockouts," 1887 and 1894; "Working 
Women," 1888; "Building and Loan Associations," 
1893 ; " Economic Aspects of the Liquor Problem," 
1897-98; "Hand and Machine Labor," 1898; "Water, 
Gas and Electric Light Plants under Private and Mu- 
nicipal Ownership," 1899 ; " A Compilation of Wages 
in Commercial Countries from Official Sources," 1900. 
There have also been issued special reports, such as : 
" Labor Laws of the United States," 1892 ; "The Goth- 
enburg System of Liquor Traffic," 1893 ; " The Slums 



The Cabinet and the Executive Departments 299 

of Baltimore, Chicago, New York, and Philadelphia," 
1894 ; " The Italians in Chicago," 1897. 

There have also been created at different times commissions 
and boards having executive functions, but which are not connect- 
ed with any of the departments. They are as follows : the Civil 
Service Commission, described on p. 277; the Interstate Com- Additional 
merce Commission, described on p. 202; the Commission of gfOT^and 
Fish and Fisheries, the Board on Geographic Names, the Bureau of boards. 
American Republics, and the Industrial Commission. Special of- 
ficials and boards are in charge of the Smithsonian Institution, the 
National Museum, the Bureau of Ethnology, the Library of Con- 
gress, and the Government Printing OflBce. The Government 
Printing OflBce was established in 1861. Facilities for publishing 
the Congressional debates, reports of the executive departments, 
etc., have been greatly multiplied from year to year. Some 15,- 
000 copies of the President's annual message and 12,000 copies of 
the abridgment of the message, 40,000 copies of the report of the 
Commissioner of Education, 04,000 of the Congressional directory, 
and other reports in similar quantities are printed each year for 
free distribution. A large extension of the Government Printing 
OflBce was authorized in 1900 and .§2,429,000 were appropriated for 
that purpose. It is said that with this extension it will constitute 
the largest and best equipped printing establishment in the world. 



Supplementary Questions and References. 

1. a. Does the President select the members of his Cab- 
inet from among former members of Congress ? 
Would this be desirable ? 

b. Have the members of the Cabinet ever been al- 

lowed to appear before Congress in the interests 
of their own departments? Would this be de- 
sirable? Wilson, Congressional Government, 
257 ; Walker, The Making of the Nation, 92 ; 
Bryce, American Commonwealth, I, chapter 9 ; 
Atl. Mo., 65 : 771-772. 

c. Who are now the heads of the executive depart- 

ments ? Were they prominent in National af- 
fairs before they were selected for these positions ? 



300 The Cabinet and the Executive Departments 

d. What reasons can you give for the belief that 

other departments should be added to the Cab- 
inet? 

e. In 1901, a bill was introduced in the House of 

Representatives which provided for an increase 
of the annual salary of the Vice-President to 
$25, 000 and that of each member of the Cabinet 
to $15,000. What reasons can you give for or 
against such a change ? 

2. a. What was the history of the State Department prior 

to 1789 ? Harrison, This Country of Ours, 182-187. 

b. Give a list of the Presidents who have been Secre- 

taries of State. How do you account for this 
policy in the first years of our government, and 
not at a later time ? Name some of the other 
prominent Secretaries of State. 

3. a. Who are our Ambassadors ? Can you give the 

name of any foreign Ambassadors in Washing- 
ton? See Congressional Directory. 
6. The methods by which our ministers are selected, 
take possession of their offices, and are presented 
at foreign courts are described in Curtis, The 
United States and Foreign Powers, 15-21. 

c. The duties of ministers, Curtis, The United States 

and Foreign Powers, 22-26. 

d. Ought our Ambassadors to be changed every four 

years ? Our Need of a Permanent Diplomatic 
Service, Forum, 25: 702-711. 

e. Are our Ambassadors given adequate salaries ? 

Diplomatic Pay and Clothes, Forum, 27: 
24-32 ; Curtis, The United States and Foreign 
Powers, 13, 14. 

4. From a consular report learn what the duties of a Con- 
sul are. Curtis, The United States and Foreign Powers, 
30-33. 

5. For an account of our consular service, a comparison 
with that of foreign nations, and a consideration of some of 
the weaknesses in our system, see Curtis, The United States 
and Foreign Powers, 28-30 ; Evils to be Remedied in Our 



The Cabinet and the Executive Departments 301 

Consular Service, Forum, 22 : 673-683 ; A Business Man and 
the Consular Service, Century Mag., 60 : 268-271 ; Our In- 
adequate Consular Service, Forum, 25 : 546-554 ; Faults in 
Our Consular Service, N. Am. Rev., 156 : 461-466; Reforms 
in the Consular Service, N. Am. Rev., 158: 412-422 ; Foreign 
Trade and our Consular Service, N. Am. Rev., 162 : 274-286 ; 
Consular Service and the Spoils System, Century Mag., 
48 : 306-311 ; Abuses in our Consular System Arising 
through Appointment, Atl. Mo., 85 : 455-466, and 669-683 ; 
How Other Countries Do It, Century Mag., 57 : 604-611 ; 
Some Evils of our Consular Service, Atl. Mo., 74 : 241-252 ; 
A Plea for Consular Inspection, Forum, 30 : 28-34. 

6. What is the Great Seal of the United States, and what 
is its use? Harrison, This Country of Ours, 199-200. 

7. What is the particular work of the Marine Depart- 
ment ; of the Steam-boat Inspection Service ; of the Marine 
Hospital ? Lyman J. Gage, Organization of the Treasury 
Department, Cosmop., 25 : 355-365. 

8. What is the work of the Bureau of Engraving and 
Printing? Spofford, The Government as a Great Pub- 
lisher, Forum, 19 : 338-349. 

9. What is the extent of our Merchant Marine ? Should 
it be increased ? Statistical abstract of the United States, 
1900, 437-450. 

10. From the appendix to the last Finance Report get 
the chief points connected with the work of the following 
officials : Treasurer, Report, 1898, appendix, 1-20 ; Chief of 
the Division of Special Agents, 842-860 ; Chief of the Secret 
Service Division, 861-867. 

11. From the last report of the Bureau of Statistics 
find answers for the following : The expenditures of the 
government in the different departments ; in what branches 
there was a large increase in 1899 ; value of merchandise 
imported and exported ; amounts of coin, wheat, cotton, 
wool, and iron produced, imported, and exported ; the chief 
nationalities of immigrants, and comparison of the total 
number with previous years. 

12. Are our coasts well defended ? Harrison, This Coun- 
try of Ours, 225. 



»)()ii '/'Ac Cdhiiifl (titd ///(' h'.vfciilirc PcfHii-liiiciits 

\\\, l>(»8(M'llt(» I1h> work of Ww l*n>slil»Mi(, S(HM'»*|.ary «>!' War, 
Ht^tMH^tary ol' ilu> Navy, and of ilu^ otl»>r ('abiiu^i oIlloorH at 
tho oiiiltnialv ol' war, (VtHJiiop,, Oft : 'Jftft 'MU. 

II, I'Vtr llluHlraitHl arilch^s on IMiicaiioii ai Wosi l\)lnt 
aiui AiMiiipoliM, HO.* Oiiilook. f>l) : H'.W) SIU, H'Jft HUT. 

Ifi, (J. NV'lial \u\\o IxH'ii lluM'iilt'l" lat'ls comnH^tHl with i\\o 
hiniory ol' Hit* rt<iiHi*>M liuitwuiV Tlu* Ihiiloil 
Mlal.'s I'oiiHiou ()ni«M\ All. Mo.. (1ft : \S 'M. 
l>. How <looN liio niiiouiil »>!' iiioiu>y paid tor pousiouH 
by ilu* lliiittvl HlaloH tHunpan* widi Miai of oilu>r 
nations^ l'\.nMU, 1".^ : (lift (KM. 
0. llaH tho pojision iJoUoy of our KovornuitMit booti a 
\vlsooiu>? N. Am. Uov.. Ifta : aOft !iM ; 1ft(» : 
'11(1 lill ; (US (lao : (\M»lury MaR., 43 : 700-7»a ; 
1711 IMS ; 1(1: l.'Ift 110; Korum, la : .tlUSMafl ; 15 : 
a77 !IM(I ; -liMt -Iftl ; ft3>J ftlO. 
1(1. For a(MM>\iMtH of tho mnv C'otijritvssloiial Library, wh) 
(Viitury MaK.. 59: (JH3 (li>l ; (11)1711; Ail. Mo.. 85: 
145 158; dosmop.. 951: 10 30. 

17. What is tilt* spot'ial vnliu* of Iho work of tli«> Hiiit>MU 
of AiiuM'ioan lvt<publiosV l<\>ruiu, iU) : 31 38. 



CHAPTER XXVI 

TIIK MIDKIIWIY 

HAMiT/roN oliaraoi(3riz(j(l Uio lack of a judiniary an the 
crowiiiijf^ (lofiict of {j^ovornmout under ih(3 (Jojifodru'a- Lmiitofa 
iiou, " Laws," ho wroio, "are a doad liittor vvitliont un.i'-i'uM. 
courts to expound and dolino thuir true meaning- and ti'(')n.""Ti,(i 
operation." Judicial powers were vested in the (Jonti- *^u.''I'i!^'^^'" 
nontal Couf^'niHH or in tlie a^-'onts of tliat body. 'IMie 
conviction that tiio Federal Judiciary should conntituto 
one of three independent parts of the government waH 
general in tlio CIoiiHtitiitional Coirvontion, and after a 
brief diHCUHHion, thiH was providcid for as follows : 

The judicial power of the United Slates shall be vested atUcu-, hi, 
in one Supreme Court, and in miah inferior courts an Ihi; 
Confjrcss nuiy from time to time ordain and estahlinh. 'J 'he 
judges, both of the Supreme and frferior courts, shall Itoid 
their officer duriwj (jood behavior, and sh/dl, at dialed, lini.cs, 
receive for tfieir services a eornpennalioti, whAch shall not he 
diminished durinc/ their continuance in office. 

CongrcHS carricsd out tlio provinionH of this section by 
passing tlio Judiciary act of 17H'.). I'his aot jn-ovidcd Jiidiciary^ 
that the Supreme Court should consist of a Chief Jus- 
tice and five Associatos. District Courts and CJintuit 
Courts were alsf) created l^y it and their functions as 
inferior courts were defined. 

The Supreme Court, at present, consists of the Chief 
Justice and. eiglit Associato Justicos. It holds one sos- Tho 
sion annually, at Wasliington, beginning on tlio second court., 
Monday in October and continuing until about May 1st. 

'Mi 



304 



The Judiciary 



District 
Courts. 



Congres- 
Bional Di- 
rectory, 
1900, 2B6. 



United 
States Dis- 
trict Attor- 
neys and 
Marshals. 



Circuit 
Courts. 



The territory of tlie United States has been divided 
into judicial districts, none of them crossing State Knes 
and each having a District Court. 

There are at present seventy-two districts. Alabama, Texas, 
Tennessee, and the Indian Territory have each three districts ; Penn- 
sylvania, Virginia, Georgia, Florida, Mississippi, Louisiana, Ohio, 
Michigan, Illinois, Wisconsin, Iowa, Missouri, Arkansas, and Cali- 
fornia have two districts each ; and the remaining States have each 
a single district. New Mexico and Oklahoma constitute a district, 
and also Alaska and Arizona. Generally there is a judge for each 
district, but a single judge is now assigned to two districts in Mis- 
sissippi and another to two districts in Tennessee. 

A District Attorney and Marshal are appointed by 
the President for each District Court. The United 
States District Attorney is required to prosecute all 
persons accused of the violation of Federal law and to 
appear as defendant in cases brought against the gov- 
ernment of the United States in his district. The 
United States Marshals execute the warrants or other 
orders of the United States District and Circuit Courts 
and, in general, perform duties connected with the en- 
forcement of the Federal laws which resemble the duties 
of sheriffs under State laws. 

Circuit Courts are next higher than the District 
Courts in the series of Federal Courts. Established by 
the act of 1789, each Circuit Court was, at first, presided 
over by a Justice of the Supreme Court and a District 
Judge. The policy has been to have as many Circuit 
Courts as there are Justices of the Supreme Court. It 
was not until 1869 that a Circuit Judge was provided 
for each of the nine circuits. The area of a circuit was 
determined by grouping several districts together ; 
thus, the seventh circuit includes the districts of Indi- 
ana, Northern and Southern Illinois, Eastern and West- 
ern "Wisconsin. Circuit Courts may be held by a Judge 



The Judiciary 305 

of the Supreme Court assigned to that circuity by a 
Circuit Judge, or by the District Judge of the district 
in which the court is held, or by any two of these or by 
all of them sitting together. The law requires that the 
Justice of the Supreme Court shall attend court in each 
district of his circuit at least once in two years. Each 
of the circuits, the first and the fourth being excepted, 
has now (1901) three Circuit Judges. The increase in congres- 
the number of cases to be tried before the Circuit rectory. 
Courts made the appointment of additional Circuit gress.Krst 
Judges necessary, and by the law of 1891, also, nine Cir- seefaer.' 
cuit Courts of Appeals were established for each of 
which an additional Circuit Judge was provided. The 
Circuit Courts of Appeals consist of three Judges each, circuit 
any two constituting a quorum. The Judges eligible to Appeals. 
sit in one of these courts are : the Supreme Court Judge 
assigned the Circuit, the Circuit Judges, and the Dis- 
trict Judges of the Circuit. 

The Court of Claims was established in 1855 and con- court of 
sists of a Chief Justice and four Associates. It holds an 
annual session in Washington. 

That the Judiciary should be independent of parties 
and of other influences cannot be questioned. Hence 
the wisdom of the provision that United States Judges 
shall hold their offices during good behavior and shall Terms and 

■ • J. II • • 1 • T 1 11 salaries of 

receive a compensation for their services which shall judges. 
not be diminished during their continuance in office. 
The Constitution states that Judges of the Supreme 
Court shall be appointed by the President with the con- 
sent of the Senate. It has been interpreted that the 
Judges of the inferior courts are to receive their ap- 
pointments in like manner. 

The salaries of the Judges have been increased at dif- 
ferent times. The Chief Justice now receives $10,500 
per annum ; the Associate Justices $10,000 each ; Cir- 



306 



The Judiciary 



Section 2, 
clause 1. 



Section 2, 
clause 2. 



Bryce, 
American 
Common- 
wealth, I, 
237-240. 



cuit Judges $6,000 ; and District Judges $5,000. Any 
Judge who has reached the age of seventy years, and has 
served ten years, may retire on full pay for life. 

We are next to consider the jurisdiction of the sev- 
eral courts that have been described. 

The judicial power shall extend to all cases, in law and 
equity, arising under this Constitution, the laws of the 
United States, and treaties made, or which shall be made, 
under their authority ; — to all cases affecting Ambassadors, 
other public ministers and Consuls ; — to all cases of admir- 
alty and maritime jurisdiction ; — to controversies to tvhich 
the United States shall be a party ; — to controversies be- 
tween two or more States ; — between a State and citizens of 
another State ; — betioeen citizens of different States ; — be- 
tuKcn citizens of the same State claiming lands under grants 
of different States, and between a State, or the citizens there- 
of, and foreign states, citizens or subjects. 

In all cases affecting Ambassadors, other public minis- 
ters and Consids, and those in which a State shall be party, 
the Supreme Court shall have original jurisdiction. In all 
the other cases before mentioned, the Supreme Court shall 
have appellate jurisdiction, both as to law and fact, with 
such exceptions, and under such regidations as the Con- 
gress shall make. 

Speaking of the position of the Supreme Court in 
our judicial system, Mr, Bryce says : 

" No feature of the government of the United States 
has awakened so much curiosity in the European mind, 
caused so much discussion, received so much admiration 
and been more frequently misunderstood, than the 
duties assigned to the Supreme Court and the functions 
which it discharges in guarding the ark of the Constitu- 
tion." 

A careful consideration of clause 1 of this section 
shows the wide extent of the powers of the United 



Tlie Judiciary 307 

States Courts. It shows too the desirability of having Extent of 
all such cases under their jurisdiction rather than under power, 
the authority of the State courts. This jurisdiction 
applies to two classes of cases. One class has to do 
with the nature of the questions involved, as in all those 
cases arising out of the Constitution, laws, and treaties 
of the United States, and admiralty and maritime cases. 
The other class of cases arises because of the parties 
to the suits, as. Ambassadors, Consuls, two or more 
States, citizens of different States, etc. 

The provisions here made, that the judicial power shall 
extend to controversies between a State and citizens of 
another State, and between a State and the citizens or 
subjects of a foreign state, were doubtless intended to 
apply only to suits in which a State should attempt, as state as 
plaintiff, to secure justice in a Federal Court. But, "The Fed- 
contrary to expectation, suits were early brought against 
some of the States by citizens of other States to enforce 
the payment of debts and other claims. In the notable 
case of Chisholm vs. Georgia in 1793, Chisholm, a citizen 
of North Carolina, began action against the State of 
Georgia in the Supreme Court of the United States. 
That court interpreted the clause as applying to cases 
in which a State is defendant, as well as to those in 
which it is plaintiff. The decision was received with dis- 
favor by the States, and Congress proposed the Xlth 
Amendment to the Constitution, which was ratified in 
1798 and reads as follows : 

The judicial power of the United States shall not be con- Amendment 
strued to extend to any suit in latv or equity, commenced or 
prosecuted against one of the United States, by citizens of 
another State, or by citizens or subjects of any foreign 
state. 

The Supreme Court has original jurisdiction in "all 
cases affecting Ambassadors, other public ministers, and 



XI. 



308 



Tlie Judiciary 



Original 
and appel- 
late juris- 
diction. 



Writ of 
error. Story, 
Commenta- 
taries, II, 
62T. 



JuriBdiction 
of inferior 
courts. Cir- 
cuit Courts 
of Appeals. 
26 Statutes 
at Large, 



Circuit 
Courts. 
Harrison, 
This Coun- 
try of Ours, 
32T. 



District 
Courts. 



Consuls, and those in wliich a State shall be a party." 
By original jurisdiction is meant that these cases may 
be begun in the Supreme Court. Other cases come to 
the Supreme Court from the inferior United States 
Courts or from the Supreme Courts of the States and 
territories by appeal or by writ of error. In these cases 
the Supreme Court is said to have appellate jurisdiction. 

A writ of error is defined to be " a process which re- 
moves the record of one court to the possession of 
another court, and enables the latter to inspect the pro- 
ceedings, and give such judgment as its own opinion of 
the law and justice of the case may warrant." 

It is difficult in brief space to define minutely the 
province of each court. The following accounts, there- 
fore, give only a general description. 

The Circuit Courts of Appeals are given final juris- 
diction in certain cases appealed to them from the Dis- 
trict and from the Circuit Courts, such as those arising 
under the patent, revenue, and criminal laws, as well as 
admiralty and other cases in which the opposing parties 
to a suit are an alien and a citizen, or are citizens of 
different States. The Supreme Court has thus been par- 
tially relieved from an over-crowded docket. But juris- 
diction in these cases may be assumed by the Supreme 
Court if it desires to do so. 

The Circuit Courts have jurisdiction generally of cases 
in law and equity cognizable in the United States Courts, 
where the amount involved, exclusive of interest and 
costs, is at least $2,000. Circuit Courts have original 
jurisdiction in patent and copyright cases, and in cases 
brought by the United States against National banks, 
and they have exclusive jurisdiction in capital cases. 
" The jurisdiction of the District Courts chiefly embraces 
criminal cases, admiralty cases, bankruptcy proceedings, 
suits for penalties, and the like." 



The Judiciary 309 

The Court of Claims " shall hear and determine all court of 
claims founded upon any law of Congress, or upon any statute's at 
regulation of an executive department, or upon any con- ^^^^' ^^ ' 
tract, express or implied, with the government of the 
United States, which may be suggested to it by a petition 
filed therein ; and also all claims which may be referred to 
said Court by either House of Congress." Claims for 
pensions may not be brought before this Coui't. The 
judgments of the Court are referred to Congress and 
appropriations are made to cover them. 

The Courts of the District of Columbia and of the Territories are 
under the control of Congress, but are not Federal Courts. Judges Territorial 
of these courts are appointed in the same manner as other United 
States Judges, but their appointment is only for a term of four 
years. • 

The right of trial by jury in all criminal cases had 

been insisted upon by Englishmen for centuries prior The right of 

jury trial. 
to the formation of our Constitution. There were two 

branches to the system, the grand and the petit juries. 

Each performed the same duties as they do now. The 

Constitution provides that 

The trial of all crimes, except in cases of impeachment, Section 2, 
shall he by jury, and such trial shall he held in the State 
wliere tJie said crime shall have heen committed ; hut when 
not committed within any State, the trial shall be at such 
place or places as the Congress may by law have directed. 

This clause was attacked by the opponents of the 
Constitution in the State conventions. It was believed 
that the Constitution did not furnish adequate safe- 
guards against unjust prosecutions. Because of this 
agitation. Congress, in its first session, proposed the fol- 
lowing Amendments, which were duly ratified by the 
several States : 

No person shall be held to answer for a capital, or other- 
wise infamous crime, unless on a presentment or indict- 



310 



The Judiciary 



Amend- 
ment V. 



Amend- 
ment VI. 



Amend- 
ment vn. 



Amend- 
ment VIII. 



Infamons 
crimes. 
Cooley, 
Principles 
of Constitu- 
tional Law, 
291. 



raent of a grand jury, except in cases arising in the land 
or naval forces, or in the militia, when in actual service in 
time of war or public danger ; nor shall any person he sub- 
ject for the same offence to be twice put in jeopardy of life 
or limb ; nor shall be compelled in any criminal case to he 
a witness against himself, nor be deprived of life, liberty, 
or pi'operty, without due process of law ; nor shall private 
property be taken for public use, without just compensation. 

In all criminal prosecutions, the accused shall enjoy the 
right to a speedy and public trial, by an impartial jury of 
the State and district wherein the crime may have been 
committed, which district shall have been previously ascer- 
tained by law, and to be informed of the nature and cause 
of the accusation; to be confronted with the witnesses against 
Mm ; to have compulsory process for obtaining witnesses in 
Ms favor, and to have the assistance of counsel for his de- 
fence. 

In suits at common law, where the value in controversy 
shall exceed ^20, the right of trial by jury shall be pre- 
served, and no fact tried by a jury shall be otherwise re- 
examined in any court of the United States, than according 
to the rules of the common law. 

Excessive bail shall not be required, nor excessive fines 
imposed, nor cruel and unusual punishments inflicted. 

Authorities haTe had difficulty in giving an exact 
definition of an infamous crime. That given by Judge 
Cooley is the most satisfactor5^ He says : " But the 
punishment of the penitentiary must always be deemed 
infamous, and so must any punishment that involves 
the loss of civil or political privileges." 

A grand jury consists of from twelve to twenty-three 
men. " They are sworn to inquire and present all of- 
fences committed against the authority of the National 
government within the State or district for which they 
are impanelled, or elsewhere within the jurisdiction of 



Tlie Judiciary 311 

the National government. They sit in secret and no Present- 
accusation can be made by them without the concur- indictment 
rence of at least twelve. An indictment is a written grand jury. 

,• p ay -i 1 i_- p Storv, Com- 

accusation oi an onence drawn up by a prosecuting of- mentanes, 
ficer on behalf of the government and laid before the ' ^" 
grand jury." "A presentment is an accusation by a 
grand jury of an offence upon their own observation 
and knowledge, or upon evidence before them, and 
without any bill of indictment laid before them at the 
suit of government." In the case of a presentment, 
the party accused cannot be held to trial until he has 
been indicted. After hearing the evidence, if the grand 
jury concludes that the accusation is not true they 
write on the back of the bill, " not a true bill " or " not 
found." The accused, if held in custody, is then given 
his freedom but he may be again indicted by another 
grand jury. If the grand jury decides that the ac- 
cusation is true they then write on the back of the bill, 
" a true bill " or " found." The indicted person must 
be held to answer the charges made against him. 

The accused must be given a public and speedy trial 
before an impartial jury, known as the petit jury, con- Rights of 
sisting of twelve men from the district wherein the 
crime was committed. The decision must be unan- 
imous before a verdict can be rendered. The accused 
is given a copy of the indictment in which the nature 
of the accusation is clearly set forth and is granted time 
in which to prepare for his defence. Equally just and 
significant are the provisions that he shall be confront- 
ed by the witnesses against him ; may compel the at- 
tendance of witnesses in his favor ; and may employ 
counsel for his defence. In case he is not able to pay 
for his own counsel the judge appoints one whose ser- 
vices are paid for out of the public treasury. If the 
verdict has been rendered by a jury and the judgment 



the accused- 



312 



The Judiciary 



Eight of 
eminent 
domain. 



Treason 
imder the 
common 

law. 



Article IH, 
section 3, 
claase 1. 
Definition 
of treason. 



Who are 
traitors. 



Cooley, 
Principlea 
of Constitn 
tional Law, 



pronounced, the accused cannot be again brought to 
trial on the same charge. 

The right of " eminent domain " is properly vested 
in the government. By this right private property 
may be taken for public uses after the payment of a just 
price. The rights guaranteed the accused by these 
Amendments are chiefly derived from the principles of 
the common law (see p. 109). 

Treason has always been regarded as one of the worst 
of offences and is punished by the severest penalties. 
Under the early common law, it rested with the judges 
to declare what acts were treasonable. Judges became 
mere tools in the hands of despotic rulers and were in- 
duced to declare certain conduct treasonable which 
had not previously been so regarded. In the time of 
Edward III, the English Parliament attempted to pro- 
hibit these abuses by giving a definition of treason. 
The substance of two of the five articles of this statute 
were made a part of our Constitution in the following : 

Treason against the United States shall consist only in 

levying war against them or in adhering to their enemies, 

giving them aid or comfort. No person shall he convicted 

of treason unless on the testimony of two witnesses to the 

' sam,e overt act, or on confession in open court. 

Parties to a conspiracy cannot be considered traitors 
until they have actually assembled men for the carrying 
out by force of some treasonable purpose. "All per- 
sons who then perform any act, however minute, or 
however remote from the scene of action, and who are 
actually leagued in the general conspiracy, are to be con- 
sidered traitors. And one is adherent to the enemies 
of the country, and giving them aid and comfort, when 
he supplies them with intelligence, furnishes them with 
provisions or arms, treacherously surrenders to them a 
fortress and the like." 



The Judiciary 313 

Not only was the punishment of treason under the 
English common law most brutal, but the corruption of Piinishment 
the blood and forfeiture of the estate of the offender 
followed. "By corruption of blood all inheritable qual- 
ities are destroyed ; so that an attainted person can story, com- 
neither inherit lands nor other hereditaments from his 1299.^"^^' 
ancestors, nor retain those he is ah'eady in possession of, 
nor transmit them to any heir. And this destruction of 
all inheritable qualities is so complete that it obstructs 
all descents to his posterity whenever they are obliged 
to derive a title through him to any estate of a remote 
ancestor." 

The one limitation, by the Constitution, on the power 
of Congress to declare the punishment, of treason re- "The Fed- 

sr&list " 43 

strains that body from extending the consequences of 
guilt beyond the person who commits the crime : 

The Congress shall have poicer to declare the punishment Sections. 
of treason, hut no attainder of treason shall icorJc corrujMon 
of blood or forfeiture, except duriny the life of the person 
attainted. 

The trial, on the charge of treason, is intrusted to a 
tribunal appointed by Congress. Congress has decreed 
that the punishment on conviction shall be death, or, at 
the discretion of the coui't, fin& and imprisonment. 



Supplementary Questio:s's ajsh Referes^ces. 

1. What are the names of the members of the Supreme 
Court at present ? Congressional Directory, 1900, 266 ; 
Rev. of R's, 23 : 20. 

2. How large are the circuit and district in which your 
home is located ? Who are the judges ? Congressional 
Directory, 

3. Under what conditions may a case be appealed from 
the Supreme Court of the State to the United States Su- 



314 The Judiciary 

preme Court ? Bryce, American Commonwealth, I, 228-230 
(232-234). 

4. How is the fact, that conflicts between the authority 
of the Federal and the State Courts do not arise, accounted 
for? Bryce, I, 234-235 (238). 

5. Are the United States Courts influenced in their deci- 
sions by politics ? Bryce, I, 259-261 (265-267). 

6. Describe the influence of John Marshall as Chief 
Justice. 

a. John Marshall, American Statesman Series, chap- 
ters 10 and 11. 
&. Bryce, I, 261 (267). 

c. Lodge, John Marshall, Statesman, N. Am. Rev., 

172:191-204. 

d. John Marshall, Atl. Mo., 87 : 328-341. 

7. Who have been the other Chief Justices ? 

8. Show how the development of our Constitution by 
interpretation has been brought about. Bryce, I, 366-375 
(376-385). 



CHAPTER XXVn 

RELATIONS BETWEEN THE STATES, AND BETWEEN 
THE FEDERAL GOVERNMENT AND THE STATES 

Full faith and credit shall he given in each State to the Article rv, 
public acts, records, and judicial proceedings of every other 
State. And the Congress may by general laws prescribe the 
manner in which such acts, records, and proceedings shall be 
proved, and the effect thereof. 

The citizens of each State shall be entitled to all the priv- section 2, 
ileges and immunities of citizens in the several States. 

A person charged in any State with treason, felony, or sections, 
other crime, who shall flee from justice, and be found in an- 
other State, shall, on demand of the Executive authority of 
the State from which he fled, be delivered up, to be removed 
to the State having jurisdiction of the crime. 

No person Jield to service or labor in one State, under the Section 2, 
laws thereof, escaping into another, shall in consequence of 
any law or regulation therein, he discharged from such ser- 
vice or labor, but shall be delivered up on claim of the party 
to whom such service or labor may be due. 

The Constitution was intended to form a more com- 
plete bond between the States. This union would be 
weakened and give rise to endless litigation and injus- 
tice were the legislative acts, records, and proceedings state 
of the courts of one State not given the same credit in ^^'^°^^- 
every State as in that where they originated. Legisla- 
tive acts are made authentic by having the State seal 
affixed. The record of a court is " proved " through the 
signature of the clerk and judge and affixing of the seal 
of the court where there is one. 

315 



316 



Bdaiionfi Between the States 



PrlvIlcKOB 
of (iitlzcns. 
I'liul V. Vlr- 
i^iniu, 8 
ulluco, 
18U. 



«■ 



rugltivo 
crlmlualB. 



Jiistico 
MlUor on 
the Con- 
Btltution, 
687, 688. 



In Bj)oakin{^ of the privileges granted to tlie citizens of 
a State in every other State, Mr. Justice Field says : " It 
relievos them from the disabilities of alienage in other 
States ; it inliibits discriminating legislation against 
them by other States ; it gives them the right of free 
ingress into other States and egress from them ; it in- 
sures to them in other States the same freedom pos- 
sessed by the citizens of those States in the acquisition 
and enjoyment of property and in the pursuit of happi- 
ness ; and it secures to them in other States the equal 
protection of their 1slv/b. . . . Special privileges en- 
joyed by citizens in their own States are not secured in 
other States by this provision." 

Extradition is the delivering up to justice of fugitive 
criminals by the authorities of one State or country to 
those of another. The necessity for such a regulation 
is evident, for a criminal from justice might easily 
escape into a neighboring State. "The responsibility 
of determining whether the person demanded is a fugi- 
tive from tlio justice of the demanding State rests with the 
Executive of the State or Territory in which the accused 
is found. The case of the demanding State should be 
presented in some official form ; either by official copy 
of an indictment, or by a complaint under oath. The 
right to demand surrender and the obligation to comply 
with the demand extend to all crimes and offences made 
punishable by the laws of the State whore the offence 
was committed ; but if the Governor of the State in 
which the accused is found refuses to surrender him he 
cannot, through the judiciary, be compelled to deliver 
him up." The privilege of extradition between nations 
is secured by treaty relations. 

The United States shall guarantee to every State in this 
Union a republican form of government, and shall protect 
each of them against invasion ; and on application of the 



Relations Behoeen the States 317 

legislature, or of the executive {when the legislature cannot section 4. 

, ,, ■ J 7 1- ■ ^ Protection 

be convened), against domestic violence. of the states 

It was natural that the Constitution should guarantee tionafgov- 
to the States the form of government with which the ^^^^"^ • 
fi'amers of that instrument were most familiar and which 
would be most in keeping with the Federal union they 
hoped to see established. 

Any protection aflforded a State against invasion 
signifies the protection of the Nation. Since the States Protection 
are forbidden to keep troops and ships of war in time vasion. 
of peace, they must, if invaded, be dependent upon the 
general government. In such a case the President has 
been authorized by law to use the army and navy of the 
United States, or call the militia into service, to furnish 
the needed protection, even if the State has not applied 
for aid. 

Each State is supposed to possess the power of en- 
forcing its own laws, and is of right protected in the 
exercise of this prerogative. As has been said : " By protecHon 
the requirement of a demand for aid every pretext domestic 
for intermeddling with the internal concerns of any ^°^°'^®* 
State, under color of protecting her against unlawful 
violence, is taken away." * In case of an insurrection, 
the State militia is sent by order of the Governor to 
suppress it. Should they fail to restore order, the 
legislature, or the executive (when the legislature can- 
not be convened), applies to the President for military 
aid. If the uprising has interfered in any way with the 
carrying out of the laws of the Nation, the President 
may, at his discretion, send troops to suppress it with- 
out having been asked to do so by the legislature or the 
Governor. There was a notable illustration of this 
point during the time of the Chicago riots, in July, 
1894. 

* Cooley, Principles of Constitutional Law, 198. 



318 



Relations Between the States 



President 
Cleveland 
vs. the Gov- 
ernor of 
nitaois. 



In re Debs, 
petitioner, 
158 Davis, 
599. 



In addition to destroying property belonging to the railways 
centring in Chicago, the striking employees prevented the free 
movement of the trains. Mr. Altgeld, then Governor of Illinois, 
did not provide against these abuses, and President Cleveland 
ordered the United States troops under General Miles to suppress 
the rioting. The President, who was severely criticised by Mr. 
Altgeld, justified his sending the troops on the following grounds : 

1. That the processes of the Federal courts could not be executed ; 

2, that the transportation of the United States mails was obstructed ; 
and 3, that the laws on interstate commerce were not enforced. 

The United States Supreme Court took the same position as 
President Cleveland in a case which grew out of these riots. Mr. 
Justice Brewer in delivering the opinion of the court said : " We 
hold that the government of the United States is one having juris- 
diction over every foot of soil within its territory and acting directly 
upon each citizen; that while it is a government of enumerated 
powers, it has within the limits of those powers all the attributes of 
sovereignty ; that to it is committed power over interstate commerce 
and the transmission of the mails, and that these powers have been 
assumed and put into practical exercise by the legislation of Con- 
gress 



CHAPTER XXVin 

TEREITORIES AKD PUBLIC LANDS 

When the Constitution was adopted, the National 
government possessed a vast tract of land lying north 
of the Ohio River and extending to the Great Lakes and The North- 

west TcrTi' 

the Mississippi River. This region had been owned by tory. 
several of the original States {viz., Massachusetts, 
Connecticut, New York, and Virginia) ; but their claims 
were conflicting and each finally agreed to cede its por- 
tion to the general government. This occurred during 
the period of the Confederacy. Although entirely with- 
out legal authority to do so under the Articles of Con- 
federation, Congress established a Territorial govern- 
ment for the " Territoiy of the United States lying north 
and west of the Ohio River," by the enactment of the 
Ordinance of 1787. The first Congress under the Con- 
stitution re-enacted this Ordinance, and thus entered at 
once upon the government that it has since maintained 
over the Territories of the United States. Congress ex- The power 
ercises this power by virtue of the authority expressly Territories, 
delegated to it in the following clause. 

The Congress shall have power to dispose of and make all Article rv. 

, BGCtlOD Oj 

tieedful rules and regidations respecting the territory or clause 2. 
other property belonging to the United States ; and nothing 
in this Constitution shall be so construed as to prejudice any 
claims of the United States, or of any particular State. 

The Territorial form of government is more simple 
than State government chiefly because of the sparseness 
of settlement. The executive is a governor appointed 

319 



320 



Territories and Public Lands 



Territorial 
form of gov- 
ernment. 



Unorgan- 
ized Terri- 
tories. 



Alaska, 



Indian Ter- 
ritory. 



for four years by the President and Senate. The ad- 
ministrative officers — secretary, treasurer, auditor, 
attorney-general, and superintendent of instruction — are 
likewise appointed. The judiciary consists of judges 
appointed in the same manner. The Territorial legislat- 
ure has two houses, the Council and the House of Rep- 
resentatives, the members of which are elected, from 
districts, by popular vote. The legislature resembles a 
State legislature in its control of Territorial affairs ; but 
its laws may be modified or entirely annulled by Con- 
gress. In this way Congress maintains its complete 
authority over the internal policy of the Territory. The 
people have no voice in National affairs, but they elect 
a delegate to Congress, who may debate but not vote. 

This account describes the government of an organized Terri- 
tory ; these are, at the present time, Oklahoma, New Mexico, Ari- 
zona, Hawaii, and Porto Rico. There is a lower form of govern- 
ment, through which many Territories have passed before they were 
fully organized. In these cases there is no legislature, but the 
governor, assisted by the judges or a council, has legislative 
powers. Such Territories are called " unorganized," and are now 
two in number, Alaska, and Indian Territory. 

The executive officers of Alaska are the Governor, Attorney- 
General, and Surveyor-General, the last acting as Secretary of the 
Territory. The judiciary consists of three district judges. All 
these officers are appointed by the President and Senate. There is 
no legislature. Congress enacted, in 1900, a complete code of civil 
laws for Alaska. 

Indian Territory is the home of the "Five Civilized Tribes " of 
Indians. The Cherokees, Choctaws, Creeks, Chickasaws, and 
Semiuoles formerly lived in the States east of the Mississippi River 
and were removed to this Territory in the years between 1830 and 
1840. Oklahoma was included in the Indian Territory until 1890, 
when it was given a separate Territorial government. There has 
never been a single, uniform government for Indian Territory. 
Previous to the year 1898, it was the theory that each of the five 
tribes was an independent " nation," owning and governing its own 
share of the Territory independently of the United States govern- 



Territories and Public Lands 321 

ment, except for treaty relations. Each had an organized govern- 
ment, republican in form under a written constitution. The legis- 
latures, courts, and civil processes resembled very closely those of 
the State governments. Citizenship in each Indian " nation " was 
determined by its own laws. Still, the theory of Indian sovereignty 
within the limits of the United States did not correspond with the 
facts ; for the treaties admitted the supremacy of the United States 
government and provided for the interference of its officers in the 
affairs of the Indian " nations." 

In accordance with these treaties, no white man might reside 
within the limits of the Territory without the consent of the 
Indians. But whites acquired citizenship there by marriage, and 
they, together with citizens of mixed blood, became the owners of 
much land. Still other whites obtained, either by fraud or by 
lease from the Indians, farm lands and buUding sites for numerous 
flourishing towns and cities. The whites had no legal right to par- 
ticipate iu the Indian governments ; yet they acquired a dominat- 
ing influence in them, chiefly by corrupt methods. The white pop- 
ulation increased until they were four or five times as many in 
numbers as the Indians. This unfortunate condition of affairs 
became intolerable and Congress finally assumed control, altering 
entirely the basis of government in Indian Territory. Since 1898, 
Congress has prescribed the general code of laws for the Territory 
and has established within its limits several United States courts. 
The Indian governments will continue for a few years only, their 
legislation being subject to approval by the President. 

In our most recently acquired possessions, Porto Eico and the 
Philippines, the processes by which our government has been es- 
tablished are interesting. The war with Spain which began Apri^ 
21 and ended August 12, 1898, was followed by a treaty which T^e Span- 
transferred the ownership of these islands absolutely to the United j?^ acquisi- 
States. The treaty was signed by the commissioners at Paris, De- 
cember 10, 1898, ratified by the United States Senate, on February 
6, and finally declared to be in effect April 11, 1899. After the 
defeat of the Spanish forces, and during the progress of these ne- 
gotiations, the authority of government in these islands was vested 
in the President of the United States, by virtue of his position as 
Commander-in-chief of the Nation's military and naval forces. A 
military form of government was thus established until Congress 
should by law erect a civil government. 

The President appointed General Otis military governor of the 



322 



Territories and Public Lands 



The Philip- 
pines. 



Amend- 
ment to 
"Army 
Bill "of 
1901. 



The Sulu 
Islands. 



Porto Kico. 



Philippines and named a special commission of five members to 
investigate the condition of affairs in those islands. In the early 
months of 1900, a new Philippine commission of five members was 
appointed, headed by Judge William H. Taft. They proceeded to 
the Philippines for the purpose of establishing the civil government 
of the islands when that should be authorized. In April, General 
McArthur became military governor. Later, an amnesty procla- 
mation was issued in favor of all those, hitherto in insurrection 
against the United States, who would abandon such action. Under 
authority of the commission, municipal governments were erected 
in many cities of the Philippines, and provincial governments in 
several provinces. The Fifty-sixth Congress did not create a per- 
manent civil government for these islands, but provided instead (in 
March, 1901) that all powers " for the establishment of civil gov- 
ernment and for maintaining and protecting the inhabitants of said 
islands in the free enjoyment of their liberties, property, and re- 
ligion," should be vested in such persons and exercised in such 
manner as the President should direct. Reports of this temporary 
government are to be made to Congress, which thus keeps it within 
control. 

The Sulu Islands were never under actual Spanish rule, so a sepa- 
rate treaty was made between their Sultan and the United States, 
in August, 1899. The sovereignty of the latter government was ac- 
knowledged and its protection against outside powers was extended 
over the islands. The former native government was retained, its 
officers receiving salaries from our government. The United 
States may occupy and control such points in the islands as its 
interests seem to demand. The native institutions of slavery and 
polygamy were not interfered with, though any slave may purchase 
his freedom. 

Por the island of Guam a regular government was established, 
under direct control of the naval authorities of the United States. 

In Porto Rico, General Henry was appointed governor-general ; 
he was soon succeeded by General Davis. A commission was 
appointed to examine affairs in the island and report recommenda- 
tions for its government. Congress passed (April, 1900) a bill 
establishing for the Territory of Porto Rico a civil government very 
similar to that already described as common in the organized Terri- 
tories. There is a governor appointed by the President of the 
United States ; also a secretary, attorney-general, treasurer, audi- 
tor, commissioner of the interior, and commissioner of education. 



Territories and Public Lands 



323 



OurSa- 
moan pos- 
sessions. 



The legislature is composed of two bouses ; the upper house, or 
Council, includes the officers just mentioned (except the gorernor) 
and five other persons appointed by the President. Tive of the 
eleyen members of this Council must be natires of Porto Rico, and 
all hold office for four years. The House of Delegates consists of 
thirty-five members elected triennially by the voters. A supreme 
court and a district court of the United States for Porto Eico con- 
stitute the judiciary. There is elected by the people a Resident 
Commissioner to the United States, •who, unlike the delegates from 
other Territories, has no seat in Congress, but rather has official 
relations with the President. The inhabitants of Porto Rico who 
were previously subjects of Spain are declared to be citizens of 
Porto Rico and are entitled to the protection of the United States ; 
but those who choose to do so may retain their allegiance to Spain. 

For a number of years the Samoan Islands were under a govern- 
ment maintained jointly by Germany, Great Britain, and the United 
States. This arrangement was terminated by a treaty proclaimed 
in 1900. The United States obtained absolute possession of three 
islands, the only one of importance being Tuttiila. A military 
government was here established. These islands, the Philippines, 
and others in the western Pacific that belong to the United States, 
are officially designated as the "insular possessions" of the 
United States. -^ 

The Hawaiian islands were annexed to the United States as the 
result of a treaty negotiated in 1897. This treaty was not ratified 
by the Senate, but instead a joint resolution was passed by Con- 
gress, in July, 1898, accepting, on the part of the United States, 
the cession of those islands made by their government. A board 
of commissioners was then appointed to recommend legislation for 
the new acquisition. No action was taken by Congress until April, 
1900 ; in the meantime the independent republican government of 
Hawaii continued to act. The government created by Congress is 
similar to that of the other organized Territories of the United 
States. A delegate is sent to Congress. Voters in Hawaii must be 
able to read and write either the English or the Hawaiian language. 

The relations of the United States with Cuba were quite different Cuban 
from those sustained with the islands mentioned above. At the 
opening of the Spanish "War Congress disclaimed any intention of 
annexing Cuba, or of exercising any control over the island " except 
for the pacification thereof. " Congress also asserted its determina- 
tion, '' when that is accomplished, to leave the government and cou- 



The Terri- 
tory of Ha- 
waii. 



relations. 



324 



Territories and Public Lands 



The Consti- 
tutional 
Assembly. 



trol of the island to its people." When the war was over, a military 
government was declared in Cuba, under the authority of the United 
States, with General Brooke as Governor-General. He was later 
succeeded by General Wood. A census was taken, showing a pop- 
ulation of 1,500,000. Municipal governments, with elected olficials, 
were established in various parts of the island. In August, 1900, 
the Secretary of War issued a proclamation ordering a popular elec- 
tion, to take place on September 15th, following, at which delegates 
were to be elected to a Constitutional Assembly. This met on No- 
vember 3, 1900, and proceeded to form a republican government 
for Cuba. Its most difficult task was the settlement of the perma- 
nent relations that were to exist between the Republic of Cuba and 
the United States. 

The United States government insisted that there should be em- 
bodied in the Cuban Constitution certain provisions which are later 
to become parts of a permanent treaty between the two govern- 
ments. These provisions are that Cuba shall not impair her inde- 
pendence by treaty or other relations with foreign governments ; 
that she shall not contract debts that are beyond her ability to pay ; 
that the United States shall be allowed to intervene if Cuban inde- 
pendence is threatened or domestic insurrection occurs ; that Cuba 
will carry on the plans already made for the sanitation of her 
cities ; that the status of the Isle of Pines shall be left to future 
adjustment by treaty ; and that Cuba will sell or lease to the 
United States lands necessary for coaling and naval stations. 



The power 
to acquire 
territory. 



By what authority has the United States acquired the 
territory that was not in its possession in 1789 ? This 
question, arising for the first time in connection with 
the Louisiana purchase, was of vital importance. It has 
been argued that section 3 of Article IV applies only to 
the territory belonging to the United States at the time 
of the adoption of the Constitution ; and that, conse- 
quently, acquisitions were made not by virtue of any 
power delegated to the United States in the Constitu- 
tion, but rather by virtue of the fact that the United 
States is a Nation, and so entitled to exercise this sover- 
eign power as any other nation might. But it is not 
necessary to make this contention. There is the highest 



Territories and Public Lands 325 

authority, the Supreme Court speaking through its 
greatest Chief Justice, for holding a different view. 
This is found in a decision of Chief Justice Marshall, 
who said, " The Constitution confers absolutely on the 
government of the Union the powers of making Avar 
and of making treaties ; consequently, that government 
possesses the power of acquiring territory, either by 
conquest or by treaty." 

The circumstances attending the acquisition of Porto 
Eico and the Philippines, and the peculiar character 
of their inhabitants, gave rise to grave Constitutional 
problems concerning their government by the United The govem- 
States. Similar questions had previously arisen in TerritoneB. 
relation to the government of the Territories. Con- 
gress had established precedents, and the Supreme 
Court had rendered many decisions upon this subject ; 
but the laws and decisions were at certain points incom- 
plete and contradictory. When Congress began to leg- 
islate for the islands acquired from Spain, the National 
government faced the entire problem of its relation to 
Territorial governments. 

Under existing tariff laws (the Dingley tariff), duties 
were collected, at ports in the United States, on tobacco 
imported from Porto Bico, and on diamonds brought 
from the Philippines. The importers questioned the 
power of the government to do this, and sued for the 
recovery of the taxes, carrying the cases to the Supreme cases before 
Court. Other cases arose, involving the power of Con- com^^^^™^ 
gress to pass the act of 1900 (the Foraker act), levying 
duties on goods imported into Porto Rico from the 
United States. The clauses of the Constitution particu- 
larly involved in these cases were two : first, the clause Questions 
of section 3, Article TV, quoted at the beginning of this 
chapter ; second, the clause of section 8, Article I, con- 
ferring upon Congress the authority to "lay and collect 



326 



Territories and Public Lands 



Argument 
against the 
govern- 
ment. 



Argument 
for the gov- 
ernment. 



taxes, duties, imposts and excises," but providing tliat 
"all duties, imposts and excises shall be uniform 
tbrougliout the United States." The court was bound 
to decide the meaning of the term " the United States " 
in these clauses, and to define the powers of Congress 
over the Territories. It was necessary, also, to review 
and settle the entire question of the status of their in- 
habitants with respect to the powers and rights granted 
in the Constitution. 

The attorneys who held the action of the goTernment to be un- 
constitutional based their argument before the Supreme Court upon 
the principle that the United States government possesses only such 
powers as are delegated to it in the Constitution. The Constitu- 
tional limitations upon National authority must be regarded as bind- 
ing, wherever this authority extends. The term " United States " 
includes not only the States, but the Territories, and all places sub- 
ject to the jurisdiction of the United States as well. When territory 
is annexed, therefore, the Constitutional grants and limitations ap- 
ply there, at once, as they do in the States. Duties collected in the 
Territories must be uniform with those collected in the States (Arti- 
cle I, section 8, clause 1). No duty may be levied upon goods 
shipped from a State to a Territory, because this would be a tax on 
exports, and so forbidden (Article I, section 9, clause 5). In gov- 
erning the inhabitants of our Territories and insular possessions, the 
authority of Congress is limited by the Constitutional guarantees, 
such as that securing the right of trial by jury (Amendment VII). 

In their argument for the government, the Attorney-General and 
his assistants interpreted the words " United States " to mean merely 
the States. They quoted in support of this view section 3 of Arti- 
cle IV, which gives Congress power to govern "the territory or 
other property belonging to the United States " ; also, Amendment 
XIII, which speaks of "the United States or any place subject to 
their jurisdiction." The duties, imposts and excises levied by Con- 
gress are to be uniform " throughout the United States " only (Art. 
I, sec. 8, cl. 1) ; hence Congress may fix such rates as it pleases in the 
Territories and possessions. On this side of the case, it was admitted 
that the United States government has only delegated powers. But 
it was contended that the power to govern Territories is vested by 
the Constitution (Art. IV, sec. 3, cl. 2) absolutely in Congress. 



Territories and Public Lands 327 

The Constitutional limitations referred to restrict the power of Con- 
gress in the States ; but its powers over the inhabitants of the Ter- 
ritories, though based on the Constitution, are not subject to these 
limitations. 

On the whole, the decision of the Supreme Court (June, 1901) 
upheld the contentions of the gOTernment's attorneys. The gov- 
ernment was declared to be in error, however, in collecting duties The 
according to the rates fixed in the tariff law of 1897 (Dingley Court's 
tariff) upon articles imported from Porto Eico after the completion decision. 
of the treaty with Spain (1899). After that treaty, Porto Kico was 
no longer a foreign country, so the tariff act mentioned did not 
apply to her products. 

The Foraker act of 1900 was declared Constitutional. Porto 
Rico, although "belonging to" the United States is not a "part 
of " it. The Constitutional provision that duties shall be uniform 
throughout the United States does not apply to our Territorial posses- 
sions. The court laid down the principle that " the Constitution is 
applicable to Territories acquired by purchase or conquest only 
when and so far as Congress shall so direct." The inhabitants of 
these Territories are not citizens of the United States until made 
such by Congress. 

"We have so far considered the TeiTitories as in a state 
of greater or less dependence upon tlie National govern- 
ment. Under wliat conditions and in what way may these 
relations be changed ? The admission of Territories into The admis- 
the Union as States was contemplated before the adop- ritoriesto 
tion of the Constitution, for the Ordinance of 1787 
provided that the Northwest Ten'itoiy should be divided 
into States, and these were guaranteed admission into 
the Union. Doubtless, the framers of the Constitution 
regarded statehood as the ultimate destiny of all terri- 
tory then belonging to the United States. This idea be- 
came the pohcy of the government in its treatment of 
the Louisiana jDurchase and the ^Mexican cession ; Indian 
Territory alone has not been regarded as eligible for 
statehood in the near future. In the case of Alaska, and 
especially since the addition of our insular possessions, 



828 



'Territories and Public Lands 



Article IV, 
section 3, 
clause 1. 



The power 
of Con- 
gress. 



Methods of 

admitting 

States. 



serious questions liave arisen regarding the policy that 
is to be pursued. That the power to admit States 
belongs exclusively to Congress is evident from the 
language of the Constitution. 

New States may he admitted by the Congress into this 
Union ; but no new State shall be formed or erected ivithin 
the jurisdiction of any other State ; nor shall any State be 
formed by the junction of two or more States, or parts of 
States, without the consent of the legislatures of the States 
concerned, as tvell as of the Congress. 

A Territory cannot claim admission as a Constitutional 
right if Congress finds obstacles that seem to it insuper- 
able. Nor is there any rule as to the population that a 
Territory should have before admission. Congress has 
often been guided in the exercise of this power by polit- 
ical considerations alone. 

Two general methods have been pursued in bringing 
about the transformation of a Territory into a State. (1) 
Congress has passed an "enabling act"; the Territory 
then framed a constitution, which was submitted to Con- 
gress for approval. (2) The Territory has frequently 
taken the initiative by electing a convention which 
framed a constitution ; with this in hand, the Territory 
then applied to Congress for admission. In either case, 
before giving its approval to the admission of a State, 
Congress must see that the constitution submitted con- 
tains nothing that is inconsistent with a republican form 
of government (see pp. 316-317). In addition, Congress 
has sometimes required the Territory to conform to cer- 
tain conditions respecting boundaries, lands, and other 
matters. 

The " territory and other property belonging to the 
United States " (see p. 319), includes more than the 
governmental divisions called " Territories " and " pos- 
sessions." The United States owns vast tracts of land 



Territories and Public Lands 329 

tliat are situated not only in these Territories but also 
in many of the States. This land is regarded as prop- 
erty or public domain, and its disposition falls within 
the power of Congress under the clause a part of which 
has just been quoted. 

In the years following the adoption of the Constitu- 
tion, North Carolina, South Carolina, and Georgia fol- western 
lowed the example of the Northern States and ceded to 
the general government their claims upon territory 
extending westward to the Mississippi Eiver. This 
was the region where the States of Tennessee, Alabama, 
and Mississippi have since been formed. As the United 
States came into possession of the western territory, all 
unoccupied lands * (except certain portions reserved by 
the original States for their own use) became the prop- 
erty of the National government. The same is true of 
all unoccupied lands in the Louisiana purchase and in 
all subsequent acquisitions of territory. So that the 
United States has become the possessor of many mill- 
ions of acres. Its policy in dealing with this vast prop- 
erty has been of the greatest consequence in our his- 
tory. 

In the thirteen original States there was no uniform 
system of land survey, but each tract of land was sur- Govern^ 
veyed as necessity required, generally after settlement vey. 
had been made upon it. The tracts were of very ir- 
regular shapes. The boundary lines, usually starting 
from some natural object,^ were measured by rods or 
chains, running in certain directions as ascertained by 
the use of the compass. This method of survey is still 
in use in the eastern States. According to a law of 1785, 

* By this is meant lands not then in the possession of Europeans. 
The Indian claim to the lands was partially recognized by the govern- 
ment ; it acquired full title from the different tribes by purchase or by 
conquest. 



330 



Territories and Puhlic Lands 



a uniform system of " rectangular " survey was applied 
to all lands belonging to the United States. This sur- 
vey has preceded settlers and has to some extent in- 
fluenced the method of settlement and the nature of 
local government throughout the West. The lands sur- 
veyed have been divided into townships six miles square. 
For the boundaries of townships the law requires the 




use of north-and-south and east-and-west lines. To 
secure starting points from which to run these lines, it 
was necessary to designate certain meridians as Prin- 
cipal Meridians and certain parallels as Base Lines. 

The map indicates the location of Principal Meridians 
and Base Lines in the States north of the Ohio Kiver. 
Starting, then, from any Principal Meridian, the tier of 
townships directly east is called Kange I ; the other 



Territories and Puhlic Lands 



331 



ranges are numbered east and west of that Meridian. 
Counting also from the Base Line, the townships are 
numbered 1, 2, 3, etc., both north and south. It thus 
becomes possible to locate precisely any particular 
township by a simple description : e.g., township 5 
north, Eange VII east of the first Principal Meridian. 

The convergence of meridians causes the townships to 
become less than sis miles wide from east to west as the 
survey proceeds northward from any Base Line. This 
necessitates the running of standard parallel lines, or 
correction lines, at frequent intervals to be used as new 
Base Lines. 

Figure 1. 



















' 










7 


s 














6 


.3 








Co 


-recti 


5 


^ 


Line 






U 


"3 










3 


0, 










" 








IV III 


n 


\r. 


B.I 

E. 


a 


III IV 






Bos 


a 








lA 


vn& 





To still further facilitate the sale and description of 
lands the law provides for exact methods of subdividing 
the township into sections, one mile square, numbered 
as in Figure 2. 

Each section is subdivided into rectangular tracts 
known as halves, quarters, half-quarters and quarter- 
quarters. The designations of these divisions are by 



m 



Temtories and Public Lands 



abbreviations and fractions (see Figure 3). The num- 
ber of acres in each, tract is easil}'^ computed. 

The rectangular system of survey has been a great aid 
in the subdivision and location of farm lands ; it greatly 
reduces the number of boundary disputes ; it deter- 
mines very largely the location of country roads. More- 
over, the Congressional township has become, in a great 
many instances, the area within which the political 
township or town has been organized. This town, how- 

FiGURE 2. — Six Miles Square. 



Figure 3. — One 
Mile Square. 



Land grants 
made to 
States. 



6 


5 


4 


3 


2 


1 


7 


8 


9 


10 


11 


12 


18 


17 


16 


15 


14 


13 


19 


20 


21 


22 


23 


24 


30 


29 


28 


27 


26 


25 


31 


32 


33 


34 


35 


36 



NWi 


NiNEJ 




SEi 
NEi 


Si 



ever, need not coincide with the Congressional township ; 
it may be greater or smaller in area. 

Upon the admission of Territories into the Union, the 
ownership of the public lands does not pass to the new 
States, but remains with the National government. 
This government protects its interests by requiring the 
States to guarantee in their constitutions that they will 
never interfere with the primary disposal of the soil by 
the United States ; and also that they will not tax Na- 
tional lands located within their limits. On the other 



Territories and Public Lands 333 

hand, the National government has pursued a most lib- 
eral policy in making grants of land, in large tracts, to 
the States for various purposes. This is the way in 
which the school lands of the States were acquired 
(see pages 94-96). Swamp and saline lands, besides 
other tracts, have been freely given to States to aid in 
the construction of roads, canals, and other public im- 
provements. 

But the largest part of the Nation's domain has been 
retained and sold or given away by the government to The sale of 
land companies, railroad companies, and settlers. At lands. 
present, land may be obtained through the General Land 
0£&ce (Department of the Interior) either by direct pur- 
chase or under the homestead laws. 

Before 1820, the minimum price of land was $2.00 per acre; the 
price was then reduced to ^1.25. Some lands may still be pur- 
chased at that rate, while others are held at $2.50 per acre. The 
public domain of the United States open to settlement comprises 
(1900) 533,490,440 acres. This does not include lands located in 
Alaska, and in our new insular possessions. The greatest part of 
these lands are situated in the Eocky Mountain and Pacific Coast 
States and Territories ; a large share are arid and can never be 
brought under cultivation. 

Under the homestead law, " any citizen of the United States, or 
any person who has declared his intention of becoming such, who The home- 
is the head of a family, or has attained his majority, or has served 
in the army or navy in time of war, and is not already the proprietor 
of more than 160 acres of land in any State or Territory, is entitled 
to enter a quarter section (160 acres), or any less amount of unap- 
propriated public land, and may acquire title thereto by establishing 
and maintaining residence thereon, and improving and cultivating 
the land for a period of five years." For the year 1900 the home- 
stead entries amounted to 6,478,409 acres. The sales of public 
lands amounted to $4,379,858 received for 13,453,887 acres. 

Many of the western railroads (notably the Northern Pacific, 
Union and Central Pacific, Atlantic and Pacific, and Southern Pa- 
cific) have been given immense tracts of land, amounting in the 
total to more than 150,000,000 acres. Somewhat more than one- 



stead law. 



334 



Territories and Public Lands 



Railroad 
land grants. 



Arid lands. 



Various 
reserva- 
tions. 



half of these lands have been patented, i.e., final conveyance of 
title has been made to the railroad companies or to others who have 
purchased the land from them. These grants consist of alternate 
sections lying within wide strips that cross the western part of 
the country, along the lines of the several railroads. 

A large part (332,000,000 acres in 1900) of the public domain is 
arid. How much of this may be reclaimed by irrigation is uncer- 
tain. Several policies have been proposed for dealing with the 
lands that can be irrigated. They might be given to the States in 
which they are situated; the States would then either establish their 
own irrigation systems, or delegate this work to corporations. To 
some, a National irrigation system seems the most desirable solu- 
tion of the problem. 

Many large tracts of land have been retained by the general gov- 
ernment as reservations ; these are not open to settlement. The 
forest reserves are intended as a protection for the sources of great 
rivers. Several National parks (including the Yellowstone and the 
Yosemite) preserve, for the common good of all, regions of great 
scenic beauty and scientific interest. Reservoir sites have been re- 
served in several localities, with a view to the establishment of 
future irrigation systems. Great tracts of land, located in many 
States, are preserved as Indian reservations. * Military reservations 
comprise the tracts lying adjacent to western military posts. 



SUPPIiEMENTART QUESTIONS AND REFERENCES. 

1. What were the circumstances under which the north- 
western States ceded their lands ? Hart, Formation of the 
Union, 107-109 ; Fiske, Critical Period, 187-199 ; Hins- 
dale, Old Northwest, chapters 11-14. See references below 
to McMaster, Schouler, etc., in topic 12. 

2. What were the admirable features of the Ordinance of 
1787 ? Walker, 39-40 ; Fiske, Critical Period, 203-207 ; 
Hinsdale, Old Northwest, chapters 15-16. The Ordinance 
itself is found in Old South Leaflets, No. 13. 

3. What reasons seemed to make necessary the removal 
of the Indians beyond the Mississippi River ? Schouler, III, 
371-378, 477-480 ; IV, 233-235, 319-320 ; Wilson, 35-38 ; 
McMaster, IV, 175-183, 537-540. 

* See Commissioner of Indian Affairs, pages 295-296. 



Territories and Public Lands 335 

4. What is your opinion of our government's policy 
toward the Indians ? 

5. What is the character of the slavery that exists in the 
Sulu Islands ? Outlook, 66 : 578-587. 

6. What part of the total area of the United States is 
now open to settlement ? 

7. What should be the policy of the government toward 
public lands? The Remnant of Our National Estate, 
Forum, 27 : 347-354. 

8. By which method is the land of your State surveyed ? 
Obtain the surveyor's description of a piece of land in your 
locality. What States do not have the United States survey ? 
Why not ? Are there reservations in your State ? The map 
published by the General Land Office shows in detail. Prin- 
cipal Meridians, Base Lines, land offices and reservations. 

9. The government of Territories and possessions. 
Cooley, Principles of Constitutional Law, 35-36, 50-51, 
170-174 ; Bryce, I, chapter 47 ; Atlantic Mo., 82 : 735-742 ; 
Arena, 21 : 84-90 ; Forum, 29 : 257-262 ; Judson, Rev. of 
R's, 19 : 67-75 ; 21 : 451-456 ; McMaster, Annexation and 
Universal Suffrage, Forum, 26 : 393-402 ; N. Am. Rev., 
168 : 112-120 ; Outlook, 63 : 907-909 ; 966-968 ; 64 : 244-245 ; 
Hart, Brother Jonathan's Colonies, Harper's Mag., 98 : 
319-328 ; Harrison, Status of Annexed Territory and its 
Inhabitants, N. Am. Rev., 172 : 1-22 ; The Grovernment of 
Porto Rico, Forum, 28 : 257-267 ; 403-411 ; 30 : 717-721 ; 
The Supreme Court decision, Outlook, 68 : 337-339. 

10. Our Indian problem. Forum, 18 : 622-629 ; 28 : 737- 
740 ; N. Am. Rev., 159 : 434-447 ; 160 : 195-202 ; 167 : 719- 
728 ; Outlook, 59 : 695-696 ; Grrinnell, The Indians of To- 
day ; (Contains detailed account of Indians on Reserva- 
tions.) Reports of Commissioner of Indian Affairs (De- 
partment of Interior); Abridgment of Messages and Doc- 
uments; The Indian Territory — its Status, Development 
and Future, Rev. of R's, 23 : 451-458. 

11. The Admission of States. Cooley, Principles of 
Constitutional Law, 175-183 ; Bryce, I, 555-556 (582-583). 

12. Land Policy of the United States, McMaster, His- 
tory of the United States, II, 476-478 ; III, 89-121 ; 



336 Territories and Public Lands 

Schouler, History of the United States, I, 97-101, 198-199 ; 
II, 74-75 ; III, 191-192 ; IV, 66-68, 152-156 ; Hart, Prac- 
tical Essays on American Government, chapter 10 ; Don- 
aldson, Public Domain. (A government publication con- 
taining the documentary history of our public lands. House 
Miscellaneous Documents, 1882-83, vol. 19.) West, The 
Public Domain of the United States. (Reprint from Year- 
book of Department of Agriculture for 1898.) Reports of 
Commissioner of General Land Office (Department of In- 
terior) ; Abridgment of Messages and Documents. 

13. Upon the irrigation of arid lands, consult Rev. of 
R's, 8 : 304-406 ; 10 : 396-400 ; 17 : 612-613 ; Arena, 17 : 
389-398; Pop. Sci. Mo., 50:424; Outlook, 66:337-344; 
Century Mag., 50 : 85-99 ; 51 : 742-758. 



CHAPTEK XXIX 

AMENDIHENTS TO THE CONSTITUTION 

As already noted, it was practically impossible to 
amend the Articles of Confederation. The conviction 
was general, therefore, in the Constitutional Convention 
that some plan should be adopted by which the Con- 
stitution might be made to conform to the require- 
ments of future conditions, as well as guard against 
changes too easily secured. Article V provides for 
amendments as follows : 

The Congress, whenever two-thirds of both houses shall Article v. 
deem it necessary, shall propose amendments to this Con- 
stitution, or, on the application of the legislatures of two- 
thirds of the several States, shall call a convention for pro- 
posing amendments, which, in either case, shall lie valid to 
all intents and purposes, as part of this Constitution, lohen 
ratified by the legislatures of three-fourths of the several 
States, or by conventions in three-fourths thereof, as the one 
or the other mode of ratification may be proposed by the 
Congress ; pirovided that no amendment ivhich may be made 
prior to the year one thousand eight hundred and eight shall 
in any manner affect the first and fourth clauses in the ninth 
section of the first article ; and that no State, without its 
consent, shall be deprived of its equal siffrage in the 
Senate. 

Amendments to the Constitution may thus be pro- 
posed in two ways : by a vote of two-thirds of both Methods of 
houses or by a National convention called by Congress ^end- 
for that purpose on the application of two-thirds of the °^^° ^' 

337 



338 



Amendments to the Constitution 



Katification 
of amend- 
ments. 



Permanent 
feature of 
the Consti- 
tntion. 



Number of 
amend- 
ments. 
American 
Historical 
Association 
Reports, V, 
361. 



Bill of 
Eights. 



State legislatures. The convention method has never 
been used in proposing amendments to the Consti- 
tution. 

Amendments may also be ratified by either of two 
methods : by the legislatures in three-fourths of the 
several States, or by conventions in three-fourths there- 
of. "When Congress has proposed an amendment, it 
has designated that the ratification should be by the 
State legislatures. The method used in proposing and 
in adopting amendments seems the best, for the bodies 
called upon to act may be easily summoned. 

The most permanent part of the Constitution was se- 
cured through the provision that " no State, without its 
consent, shall be deprived of its equal suffrage in the 
Senate." 

More than 1,700 amendments to the Constitution 
have been proposed in an official way. Nineteen of 
these have been presented to the State legislatures for 
ratification and fifteen only have received the requisite 
three-fourths vote. These amendments have now the 
same force as the original Constitution. 

One of the chief arguments against the Constitution 
was that it did not contain a Bill of Rights, and con- 
sequently it was asserted that the rights of the individ- 
ual citizen could not be maintained. As already noted 
(page 133) some of the States were induced to ratify the 
Constitution, even with this omission, providing they 
were given the privilege of recommending amendments. 
One hundred and eighty-nine propositions in the nat- 
ure of amendments, many of them being repetitions, 
were presented by the various States to the first Con- 
gress. Seventeen amendments, largely selected from 
these, were proposed by the House of Representatives. 
Twelve were agreed to by the Senate and ten were rat- 
ified by three-fourths of the State legislatures. The 



• Amendments to the Constitution 339 

first ten amendments are frequently referred to, there- 
fore, as " The Bill of Eights." 

Congress shall maJce no laiv respecting an establishment Amend- 
of religion, or prohibiting the free exercise thereof; or Freedom of 
abridging the freedom of speech or of the press, or the right spefch?and 
of the pieople peaceably to assemble, and to petition the gov- '^ ^^^^^ y- 
ernment for a redress of grievances. 

The religious intolerance characteristic of the colonies 
and the presence of so many different sects doubtless led 
to this decree, by which the National government should 
be forever free from the disturbances v^hich would fol- 
low should Congress have been given the right to set up 
a National religion. Our government, unlike that of 
many European nations, grants the greatest liberties, 
provided it can be shown that what was said or pub- 
lished was true and the facts were made known vsdth 
good motives and for justifiable ends. After many con- 
tests in English history, the "right of petition" was 
finally assured in the Declaration of Eights of 1688. 
The principle was reasserted in many of the State con- 
stitutions, and, although inherent in a republican form 
of government, it was thought desirable to establish the 
right by making it a part of the Constitution. 

A well-regulated militia being necessary to the security Amend- 
ofafree State, the right of the people to keep and bear arms Kght?f 
shall not be infringed. mmia.^ 

The necessity for having a militia has been referred to 
on page 237. Fear of a monarch was genuine, and it was 
believed that the militia would form a ready defence 
against any usurpation of power on the part of the 
President. 

No soldier shall, in time of peace, be quartered in any Amend- 
house without the consent of the oivner, nor in time of war, Qu^™ng 
but in a manner to be prescribed by law. °^ soldiers. 

The English authorities maintained the right of "bil- 



m 



Amendments to the Constitution 



Amend- 
ment IV. 
General 
warrants. 



Amend- 
ment IX. 
Eights re- 
tained by 
the people. 



Amend- 
ment X. 
Powers re- 
served to 
the States. 



leting soldiers " upon the colonists in time of peace, and 
this grievance was one of the causes of the American 
Revolution. It was maintained that " a man's house is 
his castle," and that he was justified in resisting all in- 
trusions of this nature. 

The right of the people to be secure in their persons, 
houses, papers, and effects against unreasonable searches and 
seizures, shall not be violated, and no warrant shall issue 
but upon probable cause, supported by oath or affirmation, 
and particularly describing the place to be searched, and the 
persons or things to be seized. 

This Amendment, like the preceding, grew out of the 
desire to check any tendency on the part of the govern- 
ment to trample on the rights of personal liberty and 
private property. It was believed that the English au- 
thorities had disregarded these rights when they issued 
and strove to enforce the carrying out of the obnoxious 
Writs of Assistance.* 

The enumeration in the Constitution of certain rights 
shall not be construed to deny or disparage others retained 
by the people. 

Many clauses of the Constitution have in them an 
enumeration of certain personal rights retained by the 
people. Among these rights are the privileges of the 
writ of habeas corpus and of the right of trial by jury. 
Since all personal rights could not be thus enumerated. 
Amendment IX was evidently intended to apply to those 
not so designated. 

The powers not delegated to the United States by the Con- 
stitution, nor prohibited by it to the States, are reserved to 
the States respectively, or to the people. 

A motion was made when this Amendment was being 
discussed in Congress that the words " expressly dele- 

* Amendments V, VI, VII, and VIII have been discussed under the 
Judiciary, on page 310. 



Amendments to the Constitution 341 

gated" be used. It was made to appear in the discus- 
sion that the Amendment, as given, was intended as an 
interpretation of the Constitution, and that, since it was 
impracticable to enumerate all of the powers of the gen- 
eral government, some must of necessity be implied 
(see pages 239-241).* 

The Emancipation Proclamation granted freedom to 
all the slaves in the States then in rebellion. Delaware, 
Kentucky, Tennessee, Missouri, Maryland, and parts of 
Virginia and Louisiana do not appear in this list. Slaves 
were held in these States, and slavery still had a legal 
right to exist in them. Congress desired to settle the 
question, and February 1, 1865, proposed the Xlllth 
Amendment to the Constitution. 

Neither slavery nor involuntary servitude, except as a pun- Amend- 
isJiment for crime whereof the party shall have been duly section i. ' 
convicted, shall exist loithin the United States, or any place 
subject to their jurisdiction. 

Congress shall have power to enforce this Article by op- section 2, 
propriate legislation. 

The wording of the Amendment is almost the same as 
that which pertains to slavery in the Ordinance for the 
Northwest Territory of 1787 and the Wilmot Proviso. 
After it was ratified by sixteen free States and eleven of 
the former slave-holding States, the requisite three- 
fourths, Mr. Seward, then Secretary of State, declared it 
to be a part of the Constitution of the United States, 
December 18, 1865. 

Amendment XIV was proposed by Congress, June 16, 
1866, as a part of the general plan for Reconstruction. 
The Southern States were not to be regarded as a part 
of the Union imtil they should ratify it. 

* Amendment XI has been taken up under the Judiciary, page 307 ; 
ABaendment XII has been considered in connection with the election 
of President and Vice-President, page 258. 



342 



Amendments to the Constitution 



Amend- 
ment xrv, 
section 1. 



Privileges 
or immuni- 
ties of citi- 
zens. 

Story, Com- 
mentaries, 
§ 1935. 



Due process 
of law. 
Story, Com- 
mentaries, 
§§ 1940- 
1944. 



All persons horn or naturalized in the United States, 
and subject to the jurisdiction thereof, are citizeiis of 
the United States and of the State wherein they reside. 
No State shall make or enforce any law which shall 
abridge the privileges or immunities of citizens of the 
United States ; nor shall any State deprive any person 
of life, liberty, or property, without due process of law ; 
nor deny to any person within its jurisdiction the equal 
protection of the laios. 

The first section has already been partially discussed 
on page 222 under the question, Who are citizens. 

The " privileges or immunities " of the section doubt- 
less refer to the rights of the freedmen which had been 
defined by the Civil Eights Act of April 9, 1866. By 
this act, the " freedmen were to have the same rights in 
every State and Territory of the United States to make 
and enforce contracts ; to sue, be parties, and give evi- 
dence ; to inherit, purchase, lease, sell, hold, and con- 
vey real and personal property, and to full and equal 
benefit of all laws and proceedings for the security of 
person and property as is enjoyed by white citizens and 
to be subject to the like punishments, pains, and penal- 
ties, and to none other, any law, statute, ordinance, reg- 
ulation, or custom to the contrary notwithstanding." 
The right to vote is not enumerated, for it is a political 
right. 

It was feared attempts would be made in some of the 
States to keep the negro in a condition of dependence 
through adverse legislation. To prevent this, the pro- 
vision was made that no State should deprive " any 
person of life, liberty, or property without due process 
of law." The phrase, " due process of law " has been 
regarded in its legal effects, as equivalent to " the law 
of the land " which was defined by Webster in the Dart- 
mouth College case as follows : " By the law of the land 



Amendments to the Constitution 343 

is most clearly intended the general law ; a law which Dartmouth 

CoIIgst© v. 

hears before it condemns ; which proceeds upon inquiry, woodward, 
and renders judgment only after trial. The meaning 519. 
is, that every citizen shall hold his life, liberty, property, 
and immunities under the protection of the general 
rules which govern society." * 

Congress believed that the leaders of the South in the 
Civil War should be deprived of some of their political 
privileges, and so framed section 3 : 

iVb ]}erson shall he a Senator or Representative in Amend- 
Congress, or Elector of President and Vice-President, ™ction3. ' 
or hold any office, civil or military, under the United 
States, or under any State, luho, having previously talcen 
an oath as a member of Congress, or as an officer of the 
United States, or as a memher of any State legislature, 
or as an executive or judicial officer of any State, to 
support the Constitution of the United States, shall have 
engaged in insicrrection or rebellion against the same, or 
given aid or comfort to the enemies thereof But Con- 
gress may, ly a vote of tioo-thirds of each house, remove 
such disability. 

Congress has at different times removed the disabili- 30 United 
ties from certain of these classes. Finally, an act of uteeat 
Jujie 6, 1898, removed the last disability imposed by 
this section. 

It was feared there might be an attempt to repudiate 
the debt which had been incurred in the suppression of 
the Rebellion and also to pay the war debt of the seced- 
ing States. This led to the embodiment of section 4 as 
a part of the Amendment : 

The validity of the public debt of the United States, 
authorized by law, including debts incurred for pay- 

* Section 2 has been taken np in connection with the apportionment of 
Representatives, page 143. Pupils should read the entire Amendment as 
found in the Constitution, Appendix A. 



Large, 432. 



344 



Amendments to the Constitution 



Amend- 
ment xrv, 
section 4. 



Section 5. 



Amend- 
ment XV, 
section 1. 



Section 2. 



ment of pensions and lounties for services in suppress- 
ing insurrection or rebellion, shall not he questioned. 
But neither the United States nor any State shall as- 
sume or pay any delt or obligation incurred in aid of 
insurrection or rebellion against the United States, or 
any claim for the loss or emancipation of any slave ; 
but all such debts, obligations and claims shall be held 
illegal and void. 

The Congress shall have poiuer to enforce, by appro- 
priate legislation, the provisions of this article. 

In order to secure full political rights for the negroes 
the XVth Amendment was passed as indicated on page 
142. 

The right of citizens of the United States to vote shall 
not be denied or abridged by the United States, or by 
any State, on account of race, color, or previous condi- 
tion of servitude. 

The Congress shall have power to enforce this article 
by appropriate legislation. 



Supplementary Questiosts ajstd References. 

1. What facts can be given showing the difficulty of 
amending the Articles of Confederation? Fiske, Critical 
Period, 218-220. 

2. Is it now considered difficult to amend the Constitu- 
tion? Bryce, American Commonwealth, I, 359-362 (368- 
371). 

3. What were the conditions under which the Emancipa- 
tion Proclamation was issued ? Wilson, Division and Re- 
union, 226-328. 

4. Was the adoption of the XVth Amendment a wise 
policy ? 



CHAPTEE XXX 

MISCELLANEOUS PEOVISIONS 

I. Debts Contracted Under the Confederation. 

All debts contracted and engagements entered into ie- Amend- 
fore the adoption of this Constitiction shall be as valid clause i.' 
against the United States under this Constitutio7i as 
under the Confederation. 

A generally accepted principle of public law provides 
that the debts or other contracts of a nation remain 
valid even though the form of government should be 
changed. The framers of the Constitution desired thus 
publicly to declare that the new government was to rec- 
ognize this moral obligation. No chapter in our his- 
tory is of greater interest than that which relates to the 
carrying out of this principle by Alexander Hamilton. 

II. Oath of Office. 

The Senators and Representatives before mentioned, clauses. 
and the members of the several State legislatures, and 
all executive and judicial officers both of the United 
States and of the several States, shall be bound by oath 
or affirmation to support this Constitutio7i ; but no re- 
ligious test shall ever be required as a qualification to 
any office or public trust under the United States. 

The form of oath to be taken was prescribed by Con- 
gress, June 1, 1789, and is still used. (This form is 
given on page 268.) Church and State were closely 
linked together in the European countries when the Con- 

345 



346 Miscellaneous Provisions 

stitution was framed and a religious test was essential 
to office-holding in some of the thirteen original States. 
The desire to escape the abuses of such a system led to 
the wise provision that no religious test should ever be 
required for holding public office under the National 
government. 



CHAPTER XXXI 

THE EELATIONS OF STATES AND NATION 

We have now studied in succession the local, State, 
and National governments of our country. Since the 
local units are subordinate to the States of which they 
are divisions, there remain to be considered the relations 
that exist between the State and National systems. 

We should first observe that the States are not mere 
administrative divisions of the Nation. They do not 
stand in the same relation to the Nation that counties 
bear to a State. They do not derive their powers from 
the National government, nor, on the other hand, does 
the latter derive its powers from the States. The source 
of power for both is the same — "the people themselves, 
as an organized body politic." * The United States is, 
then, a Federal Republic. This is very different, on the a Federal 
one hand, from a confederation, such as existed in this ^^^ *^' 
country between 1781 and 1789, and, on the other hand, 
from a centralized republic, such as exists to-day in 
France. In the former case, the National government 
rested upon the States and could exercise its most im- 
portant powers only through them. In France, the " de- 
partments " (which may be compared to our States) are 
merely local administrative divisions of the nation, and 
possess no original powers of government. Our Fed- 
eral Republic is more complex than either of these sys- 
tems ; but in efficiency it far excels the Confederacy, 
and in its adaptation to the circumstances of the people 
* Cooley, Constitutional Limitations, 205. 
347 



348 The Relations of States and Nation 



it is infinitely better than a centralized government 

would be. 

The peculiarity of our government lies in the division 
The division of povs^ers between State and National authorities. His- 
betw^en"^^ torically, and from a legal point of view, we should first 
ernmlnta think of all governmental powers as originating in the 
National people. Of thcse powers, 
men™ 1- Some are exercised by State authorities. 

2. Others are delegated to the National government. 
The powers belonging to the first group are nowhere 

enumerated, because it is neither necessary nor pos- 
sible to anticipate all of them. They are the reserved 
powers mentioned in the 10th Amendment to the United 
States Constitution. The powers of the second group 
are enumerated in the Constitution ; they are vested in 
the legislative, executive, and judicial branches of the 
National government. We see, then, that local self-gov- 
ernment is preserved in the States for State purposes ; 
and that the National government was created to fulfil 
National purposes, by a direct grant of power from the 
people. 

In determining this division of powers, it becomes 
necessary to make two other groups : 

3. Some specific powers are denied to the United 
States.* 

4. Others are denied to the States, f 

Some of these prohibitions are necessary in order that 
the parts of our double system of government may work 
harmoniously. Evidently, too, the people intend that 
some powers shall not be exercised by either State or 
National authorities, since they are denied to both. In 
this way, certain ancient liberties are preserved. 

5. Finally, there is a group called concurrent powers, 

* See Article I, section 9, and Amendments I-VIII and XI. 
t See Article I, section 10, and Amendments XIIl-XV. 



The Relations of States and Nation 349 

because they may be exercised by both State and Na- 
tional governments. 

We have spoken as though there were two govern- 
ments, but in reality there is but one. Its parts (State But one 
and National) are distinct but not separate.* They fit ment. 
into and harmonize with each other. Each is necessary 
to the existence of the other. In the analysis of our 
government from a legal point of view, we examine 
them separately ; but in the bestowal of our patriotic 
allegiance as citizens no such separation is possible. 

Such is the theory of our government. Its practical 
workings are not so simple, for veiy often the line of 
division between State and Federal powers is doubtful. 
In tracing this line, the courts have constantly had in 
view that clause of the Constitution which says ; 

This Constitution, and the laws of the United States 
which shall he made in pursuance thereof, and all treaties 
made, or ivhich shall he made, under the authority of the Article vi, 

"^ "^ clauses. 

United States, shall he the su2Jreme laiu of the land ; 
and the judges in every State shall he hound therehy, 
anything in the Constitution or laius of any State to the 
contrary notivithstanding . 

The doctrine of National sovereignty {i.e., the supreme 
authority of the National government over every State National 

BOvcrciiTDtv 

and every individual) became fully established, subject 
to dispute from no authoritative source whatever, only 
after the Civil War and the events that followed. But 
this doctrine is to be viewed in the light of a larger 
fact, viz., that the National government possesses only 
delegated powers, and it is only within the sphere of 
these powers that the National authority is supreme. 
"When a particular power is found to belong to the 
States, they are entitled to the same complete indepen- 
dence in its exercise as is the National government in 
* Wilson, The State, 480-483. 



360 The Relations of States and Nation 

wielding its own authority. Eacli within its sphere has 
sovereign powers." * 

We have seen that it is the duty of the courts to 
determine, when cases come before them, the limits of 
State and National jurisdiction. In the last resort, the 
Supreme Court of the United States decides whether 
any act of either government is Constitutional. The 
National government is, therefore, the j&nal judge of 
the extent of its own powers, as well as of State powers 
when State and National authority seem to conflict. 
During most of our history the doctrine was held by 
eminent persons that, in the event of such a conflict, 
a State might legally decide for itself which authority 
state should prevail. The doctrine of " State Sovereignty " 

was enunciated in the Virginia Resolutions of 1798 by 
Madison ; in the Kentucky Resolutions of the same 
year by Jefferson, and in the Resolutions of the Hart- 
ford Convention (1814). The doctrine found its logical 
conclusion in the nullification of a Federal law by South 
Carolina in 1832. Carried to its extreme limits, State 
sovereignty became the grounds of justification for the 
secession of the southern States at the opening of the 
Civil War. The doctrine received its death-blow in the 
events of that period. The success of the National idea 
seemed for a time to endanger the preservation of the 
true theory of our government, by threatening the com- 
plete dominance of National over State authority. But 
the Supreme Court of the United States is guardian of 
State and National powers alike, and its decisions have 
held firmly to the lines of division that have been indi- 
cated in the preceding discussion. 

As a further statement of this division, it may be said 
that the States are presumed to have jurisdiction over 
all subjects of legislation, except as their powers are 
* Cooley, Principles of Constitutional Law, 34. 



The Relations of States and Nation 351 

limited (1) by the National Constitution, (2) by the 
State constitutions. The National government, on the 
other hand, is presumed to have only such powers as 
are delegated to it (either specifically or by implication) 
in the Constitution of the United States. 

At its foundation, that double system which we call 
" the government of the United States " rests upon the 
people. They have not finally determined its character, 
but have reserved the right to modify its form by the 
process of amendment, and to change its policy by the 
periodical election of officers. 



Supplementary Questions and References. 

1. The government of Prance is described in Wilson, 
The State, 214-223. 

2. Switzerland is also a republic ; what are the main 
features of its government ? Wilson, 305-333. 

3. What are some of the most important among the re- 
served powers of the States ? How are similar powers ex- 
ercised in England ? Wilson, 487-488. 

4. Make lists of powers (1) delegated to the National 
government ; (2) denied to it ; (3) prohibited to the States ; 
and (4) to both. (5) What powers would you classify as 
concurrent ? 

5. Is it accurate to say that the National government 
has " more powers " than the States ? That it is *' strong- 
er ' ' than the States ? 

6. What is the English Constitution ? Bryce, I, 237- 
238 (241-242). Why may an act of Parliament be uncon- 
stitutional and yet valid ? Bryce, I, 245-246 (250-251). 

7. Can you mention State and National laws that have 
been declared iinconstitutional by the Supreme Court ? 



CHAPTER XXXII 

SOME FEATURES OF INTERNATIONAL LAW AND AR- 
BITRATION 

We have considered some of the ways in which our 
government is brought into direct relations with for- 
eign powers, such as extradition, the postal system, 
naturalization, and privateering. It is especially to be 
noted that during the nineteenth century there was a 
marked advance toward the settlement of controversies 
between nations according to the principles of inter- 
national law and through courts of arbitration. It will 
be of interest, therefore, to consider a few of the lead- 
ing principles which have tended to prevent wars and 
lessen the suffering and destruction incident to war- 
fare, and to note the relation of the United States to 
these forward movements. 

According to the definition given on page 233, inter- 
Nature and national law refers to the usages which have been es- 
fntemation- tablishcd between civilized nations, but more narrowly 
interpreted it pertains to that body of rules which are 
accepted by the six great European powers and the 
United States. Strictly speaking, Hugo Grotius, a po- 
litical exile from Holland residing in Paris, became the 
founder of international law through the publication, in 
1625, of his " De Jure Belli ac Pactis," a book which 
has been declared to have altered the history of the 
world. " Additions have been made to this great work 
slowly and imperceptibly as the public opinion of the 

353 



al law. 



International Law and Arbitration 353 

civilized world decides new cases qtc grows to greater 
heights of humanity and justice." * 

Some of the most difficult international problems 
have arisen over the attempts to define the rights of 
neutral nations, especially on the high seas, and the 
treatment of merchant ships and other private prop- 
erty during the time of war. National usage varied 
until the year 1856, when the great nations (the United 
States and Spain excepted), in the Congress at Paris, Paris Con- 
gave the chief impulse to united action by agreeing to 
the four significant principles : 1. Privateering is and 
remains abolished ; 2. The neutral flag covers an en- 
emy's goods, with the exception of contraband of war ; 

3. Neutral goods with the exception of contraband of 
war are not liable to capture under the enemy's flag ; 

4. Blockades in order to be binding must be eflective. 
By the year 1861 forty-six sovereign States had 

agreed to accept these principles. The United States The United 

. States and 

government asserted that all private property at sea theKuieof 
should be exempt from capture and confiscation, except 
in the cases of the violation of a blockade and contra- 
band of war, and refused, in consequence, to sanction 
the Paris Declaration, In treaties made with individ- 
ual nations, however, the United States accepted these 
principles and, in 1898, on the occasion of the outbreak 
of the Spanish-American War, our govei'nment issued 
decrees upon the subjects mentioned below. 

1. No privateers were to be allo-n-ed. (See page 23-i.) 2. The 
blockade of the forts on the coasts of Cuba should be made effec- 
tive. 3. Contraband of war was to be carefully defined. The arti- Contraband 
cles declared to be absolutely contraband vrere : " Ordnance, ma- 
chine-guns and their appliances and the parts thereof; armor plate 
and whatever pertains to the offensive and defensive armament of 
naval vessels ; arms and instruments of iron, steel, brass, or copper, 

* Lawrence, The Principles of International Law, 54. 



354 



International Laio and Arbitration 



The Geneva 
Conventioii, 
1864. 



The Brus- 
eele Confer- 
ence, 1874. 



or any other material, such arms and instruments being especially 
adapted for use in war by land or sea ; torpedoes and their appur- 
tenances ; cases for mines, of Avhatever material ; engineering and 
transport materials, such as gun-carriages, caissons, cartridge- 
boxes, campaigning forges, canteens, pontoons ; ordnance stores ; 
portable range-finders ; signal flags destined for naval use ; ammu- 
nition and explosives of all kinds ; machinery for the manufacture 
of arms and munitions of war; saltpetre, military accoutrements 
and equipments of all sorts; horses." The "conditionally contra- 
band " articles mentioned were the following: " Coal when des- 
tined for a naval station, a port of call, or a ship or ships of the 
enemy ; materials for the construction of railroads and telegraphs, 
and money, when such material or money are destined for an ene- 
my's forces ; provisions when destined for an enemy's ship or 
ships, or for a place that is besieged." 

Spain declared that the last three articles of the Declaration of 
Paris were to be enforced, but maintained the right, as already in- 
dicated, to grant letters of marque to privateers. 

In the International Convention, at Geneva, in 1864, another 
marked advance was made. By this agreement, which has been 
accepted by nearly all the civilized powers of the world, hospitals 
and all articles intended for the use of the sick and wounded, 
together with all surgeons, nurses, and other persons engaged in 
caring for them, are not subject to capture if they are protected by 
the badge having a red cross upon a white ground. This emblem 
is placed on the flag or is worn on the arm as the case may be. 

From the time of Grotius, appeals were made by individuals 
and congresses for the lessening of the grosser severities of war- 
fare, but these ideas were not put into practical form until the year 
1863. President Lincoln, in that year, decreed that the armies of 
the United States should be governed by the code of rules which 
had been prepared on the request of Mr. Lincoln by Francis Lie- 
ber. A similar manual was afterward adopted by the various Eu- 
ropean powers, and the general principles were adopted as an inter- 
national code by the Brussels Conference of 1874, in which the 
leading States of Europe were represented. 



International Law and Arbitration 355 

Inteknational Aebitkation. 

International Arbitration signifies the agreement on 
the part of two nations in dispute to submit their dif- 
ferences to an independent tribunal and abide by its 
decision. Great progress was made during the nine- 
teenth century toward this much-desired goal. Our own 
government has hastened this advance, for it has been a 
party to about fifty out of one hundred and twenty 
arbitrations. Questions settled in this manner, such as 
boundary, damages inflicted by war or civil disturb- 
ances, and injuries to commerce, would formerly have 
led to war. Twenty of these cases have been between the 
United States and Great Britain, and a settlement was 
effected when, at times, it seemed as if war could not be 
averted. Among others may be mentioned the Alabama 
Question, which was decided by the Geneva Conference 
in 187], and the Behring Sea Seal Fisheries Question, 
which was finally settled by a tribunal at Paris in 1893. 

The work of The Hague Peace Conference, which met 
May 18, 1899, constituted a fitting close to the efforts The Hague 
which were put forth during the century to bring about i899. 
conciliation through arbitration. The Conference as- 
sembled in response to an invitation issued by the Czar 
of Kussia " on behalf of disarmament and the permanent 
peace of the world." One hundred and ten delegates 
were present, representing twenty-six different powers, 
of which the United States was one. The delegates were 
divided into three commissions, each having separate 
subjects for consideration. 

1. The first commission adopted unanimously the res- 
olution that "the limitation of the military charges Work of 
which so oppress the world is greatly to be desired," but misBioiis. 
agreed that this could not now be accomplished through 
an international compact. 



356 International Law and Arbitration 

2. In the second commission a revision of the Declara- 
tion of Brussels concerning the rules of war was made. 
It was agreed by the entire Conference that a new Con- 
vention for this purpose should be called, and that the 
protection offered by the red cross as agreed upon in 
the Geneva Convention should also be extended to naval 
warfare. 

3. The proposition expressing the desire that interna- 
tional conflicts might in the future be settled through 
arbitration was considered by the third commission. 
Said the late ex-President Harrison : " The greatest 
achievement of The Hague Conference was the establish- 
ment of an absolutely impartial judicial tribunal." Some 

Interna tion- of the leading features of this permanent Court of Arbi- 

al Court of ,,• -ttc pi-, -, -rt t 

Arbitration, tration were provided for as follows : 1. Each nation 
which agreed to the proposition was to appoint, within 
three months, four or more persons of recognized com- 
petency in international law, who were to serve for six 
years as members of the International Court. 2. An 
International Bureau was established at the Hague for 
the purpose of carrying on all intercourse between the 
signatory Powers relative to the meetings of the Court, 
and to serve also as the recording office for the Court. 3. 
Nations in dispute may select from the list of names ap- 
pointed as above, and submitted to them by the Bureau, 
those persons whom they desire to act as arbitrators. 
4. The meetings of the Court are to be held at The 
Hague, unless some other place is stipulated by the 
nations in the controversy. This Court was convened 
for the first time May 18, 1901. It is readily seen that 
the advantages of such a court are that unprejudiced 
arbitrators are selected ; rules of procedure are defined ; 
and that decisions rendered are more liable to be ac- 
cepted in future cases, and thus a code will be formed. 



International Law and Arbitration 357 



Suggestive Questions and References. 

1. The Peace Conference at The Hague. N. A. Rev., 168 : 
771-778; 169:604-624; 625-689; N. Eng. Mag., 19:580- 
585 ; Forum, 28 : 1-12 ; Outlook, 62 : 22-25 ; Reasons for 
Russia's desire for peace ; Rev. of R's, 18 : 376-377 ; 19 : 
432-434. 

2. The text of the arbitration agreement made at The 
Hague Conference is found in Rev. of R's, 21 : 51-55 ; 
Moore, What the Arbitration Treaty is Not, Rev. of R's, 
21 : 50-51. 

8. What was the arbitration treaty negotiated with Eng- 
land in 1897? Fomm, 23:13-22; 23-27; Outlook, 55: 
223-224 ; Flske, Atl. Mo., 79 : 399-408 ; For what reasons 
was the treaty rejected by the Senate ? Outlook, 55 : 960- 
961. 



APPENDIX A 



CONSTITUTION 



UNITED STATES OF AMEEICA. 

We the people of the United States, in order to form a more 
perfect union, establish justice, insure domestic tranquillity, pro- 
vide for the common defence, promote the general welfare, and 
secure the blessings of liberty to ourselves and our posterity, do 
ordain and establish this Constitution for the United States of 
America 

ARTICLE I. 

Section I. All legislative powers herein granted shall be vested 
in a Congress of the United States, which shall consist of a Senate 
and a House of Representatives. 

Sect. II. 1. The House of Representatives shall be composed 
of members chosen every second year by the people of the several 
States, and the electors in each State shall have the qualifications 
requisite for electors of the most numerous branch of the State 
Legislature. 

2. No person shall be a Representative who shall not have 
attained to the age of twenty-five years, and been seven years a 
citizen of the United States, and who shall not, when elected, be 
an inhabitant of that State in which he shall be chosen. 

3. Representatives and direct taxes shall be apportioned among 
the several States which may be included within this Union, accord- 
ing to their respective numbers, which shall be determined by add- 
ing to the whole number of free persons, including those bound to 
service for a term of years, and excluding Indians not taxed, three 
fifths of all other persons. The actual enumeration shall be made 
within three years after the first meeting of the Congress of the 

358 



Constitution of the United States of America 359 

CFnited States, and -within every subsequent term of ten years, in 
such manner as they shall by law direct. The number of Eepre- 
sentatives shall not exceed one for every thirty thousand, but each 
State shall have at least one representative ; and until such enu- 
meration shall be made, the State of New Hampshire shall be enti- 
tled to choose three, Massachusetts eight, Rhode Island and Provi- 
dence Plantations one, Connecticut five, New York six. New Jersey 
four, Pennsylvania eight, Delaware one, Maryland six, Virginia 
ten. North Carolina five, South Carolina five, and Georgia three. 

4. When vacancies happen in the representation from any State, 
the Executive authority thereof shall issue writs of election to fill 
such vacancies. 

5. The House of Representatives shall choose their Speaker and 
other officers ; and shall have the sole power of impeachment. 

Sect. III. 1. The Senate of the United States shall be com- 
posed of two Senators from each State, chosen by the legislature 
thereof, for six years ; and each Senator shall have one vote. 

2. Immediately after they shall be assembled in consequence of 
the first election, they shall be divided as equally as may be into 
three classes. The seats of the Senators of the first class shall be 
vacated at the expiration of the second year, of the second class at 
the expiration of the fourth year, and of the third class at the ex- 
piration of the sixth year, so that one third may be chosen every 
second year ; and if vacancies happen by resignation or otherwise, 
during the recess of the legislature of any State, the Executive 
thereof may make temporary appointments until the next meeting 
of the legislature, which shall then fill such vacancies. 

3. No person shall be a Senator Avho shall not have attained to 
the age of thirty years, and been nine years a citizen of the United 
States, and who shall not, when elected, be an inhabitant of that 
State for which he shall be chosen. 

4. The Vice-President of the United States shall be President of 
the Senate, but shall have no vote, unless they be equally divided. 

5. The Senate shall choose their other officers, and also a 
President pro tempore^ in the absence of the Vice-President, or 
when he shall exercise the office of President of the United States. 

6. The Senate shall have the sole power to try all impeach- 
ments. When sitting for that purpose, they shall be on oath or 
affirmation. When the President of the United States is tried, the 
Chief Justice shall preside : and no person shall be convicted with- 
out the concurrence of two thirds of the members present. 



360 Appendix A 

7. Judgment in cases of impeachment shall not extend further 
than to removal from office, and disqualification to hold and enjoy 
any office of honor, trust or profit under the United States : but 
the party convicted shall nevertheless be liable and subject to in- 
dictment, trial, judgment and punishment, according to law. 

Sect. IV. 1. The times, places and manner of holding elec- 
tions for Senators and Representatives shall be prescribed in each 
State by the legislature thereof ; but the Congress may at any time 
by law make or alter such regulations, except as to the places of 
choosing Senators. 

2. The Congress shall assemble at least once in every year, and 
such meeting shall be on the first Monday in December, unless they 
shall by law appoint a different day. 

Sect. V. 1. Each house shall be the judge of the elections, 
returns and qualifications of its own members, and a majority of 
each sliall constitute a quorum to do business ; but a smaller num- 
ber may adjourn from day to day, and may be authorized to compel 
the attendance of absent members, in such manner, and under such 
penalties, as each house may provide. 

2. Each house may determine the rules of its proceedings, pun- 
ish its members for disorderly behavior, and with the concurrence 
of two thirds, expel a member. 

3j<^Each house shall keep a journal of its proceedings, and from 
time to time publish the same, excepting such parts as may in their 
judgment require secrecy ; and the yeas and nays of the members 
of either house on any question shall, at the desire of one fifth of 
those present, be entered on the journal. 

4. Neither house, during the session of Congress, shall, without 
the consent of the other, adjourn for more than three days, nor to 
any other place than that in which the two houses shall be sitting. 

Sect. VI. 1. The Senators and Representatives shall receive a 
compensation for their services, to be ascertained by law and paid 
out of the treasury of the United States. They shall in all cases 
except treason, felony and breach of the peace, be privileged from 
arrest during their attendance at the session of their respective 
houses, and in going to and returning from the same ; and for any 
speech or debate in either house, they shall not be questioned in 
any other place. 

2. No Senator or Representative shall, during the time for which 
he was elected, be appointed to any civil office under the authority 
of the United States, which shall have been created, or the emolu- 



Constitution of the United States of America 361 

ments whereof shall have been increased, during such time ; and 
no person holding any office under the United States shall be a 
member of either house during his continuance in office. 

Sect. VII. 1. All bills for raising revenue shall originate in the 
House of Representatives ; but the Senate may propose or concur 
with amendments as on other bills. 

2. Every bill which shall have passed the House of Representa- 
tives and the Senate, shall, before it become a law, be presented to 
the President of the United States ; if he approve he shall sign 
it, but if not he shall return it with his objections to that house 
in which it shall have originated, who shall enter the objections at 
large on their journal, and proceed to reconsider it. If after such 
reconsideration two thirds of that house shall agree to pass the bill, 
it shall be sent, together with the objections, to the other house, 
by which it shall likewise be reconsidered, and, if approved by two 
thirds of that house, it shall become a law. But in all such cases 
the votes of both houses shall be determined by yeas and nays, 
and the names of the persons voting for and against the bill shall 
be entered on the journal of each house respectively. If any bill 
shall not be returned by the President within ten days (Sundays 
excepted) after it shall have been presented to him, the same shall 
be a law, in like manner as if he had signed it, unless the Congress 
by their adjournment prevent its return, in which case it shall not 
be a law. 

3. Every order, resolution, or vote to which the concurrence of 
the Senate and House of Representatives may be necessary (except 
on a question of adjournment) shall be presented to the President 
of the United States ; and before the same shall take effect, shall 
be approved by liim, or being disapproved by him, shall be re- 
passed by two thirds of the Senate and House of Representatives, 
according to the rules and limitations prescribed in the case of a bill. 

Sect. VIII. The Congress shall have power 

1. To lay and collect taxes, duties, imposts, and excises, to pay 
the debts and provide for the common defence and general welfare 
of the United States ; but all duties, imposts and excises shall be 
uniform throughout the United States ; 

2. To borrow money on the credit of the United States ; 

3. To regulate commerce with foreign nations, and among the 
several States, and with the Indian tribes ; 

4. To establish an uniform rule of naturalization, and uniform 
laws on the subject of bankruptcies throughout the United States ; 



362 Appendix A 

5. To coin money, regulate the value thereof, and of foreign 
coin, and fix the standard of weights and measures ; 

6. To provide for the punishment of counterfeiting the securities 
and current coin of the United States ; 

7. To establish post offices and post roads ; 

8. To promote the progress of science and useful arts by secur- 
ing for limited times to authors and inventors the exclusive right 
to their respective writings and discoveries ; 

9. To constitute tribunals inferior to the Supreme Court ; 

10. To define and punish piracies and felonies committed on the 
high seas and offences against the law of nations ; 

11. To declare war, grant letters of marque and reprisal, and 
make rules concerning captures on land and water ; 

12. To raise and support armies, but no appropriation of money 
to that use shall be for a longer term than two years ; 

13. To provide and maintain a navy ; 

14. To make rules for the government and regulation of the land 
and naval forces ; 

15. To provide for calling forth the militia to execute the laws 
of the Union, suppress insurrections, and repel invasions ; 

16. To provide for organizing, arming and disciplining the mili- 
tia, and for governing such part of them as may be employed in 
the service of the United States, reserving to the States respective- 
ly the appointment of the officers, and the authority of training the 
militia according to the discipline prescribed by Congress ; 

17. To exercise exclusive legislation in all cases whatsoever, over 
such district (not exceeding ten miles square) as may, by cession of 
particular States, and the acceptance of Congress, become the seat 
of government of the United States, and to exercise like authority 
over all places purchased by the consent of the legislature of the 
State, in which the same shall be, for the erection of forts, maga- 
zines, arsenals, dock-yards, and other needful buildings ;— and 

18. To make all laws which shall be necessary and proper for 
carrying into execution the foregoing powers, and all other powers 
vested by this Constitution in the government of the United States, 
or in any department or office thereof. 

Sect. IX. 1. The migration or importation of such persons as 
any of the States now existing shall think proper to admit shall not 
be prohibited by the Congress prior to the year 1808 ; but a tax or 
duty may be imposed on such importation, not exceeding f 10 for 
each person. 



Constitution of the United States of America 363 

2. The privilege of the writ of habeas corpus shall not be sus- 
pended, unless when in cases of rebellion or invasion the public 
safety may require it. 

3. No bill of attainder or ex post facto law shall be passed, 

4. No capitation, or other direct, tax shall be laid, unless in pro- 
portion to the census or enumeration herein before directed to be 
taken. 

5. No tax or duty shall be laid on articles exported from any 
State. 

6. No preference shall be given by any regulation of commerce 
or revenue to the ports of one State over those of another : nor 
shall vessels bound to, or from, one State, be obliged to enter, 
clear, or pay duties in another. 

7. No money shall be drawn from the treasury, but in con- 
sequence of appropriations made by law ; and a regular statement 
and account of the receipts and expenditures of all public money 
sliall be published from time to time. 

8. No title of nobility shall be granted by the United States : and 
no person holding any oflBce of profit or trust under them, shall, 
without the consent of the Congress, accept of any present, emolu- 
ment, office, or title, of any kind whatever, from any king, prince, 
or foreign state. 

Sect. X 1. No State shall enter into any treaty, alliance, or 
confederation ; grant letters of marque and reprisal ; coin money ; 
emit bills of credit ; make anything but gold and silver coin a ten- 
der in payment of debts ; pass any bill of attainder, ex post facto 
law, or law impairing the obligation of contracts, or grant any title 
of nobility. 

2. No State shall, without the consent of the Congress, lay any 
imposts or duties on imports or exports, except what may be ab- 
solutely necessary for executing its inspection laws : and the net 
produce of all duties and imposts, laid by any State on imports or 
exports, shall be for the use of the treasury of the United States ; 
and all such laws shall be subject to the revision and control of 
the Congress. 

3. No State shall, without the consent of Congress, lay any duty 
of tonnage, keep troops, or ships of war in time of peace, enter into 
any agreement or compact with another State, or with a foreign 
power, or engage in war, unless actually invaded, or in such im- 
minent danger as will not admit of delay. 



364 Appendix A 

ARTICLE II. 

Section I. 1. The executive power shall be vested in a President 
of the United States of America. He shall hold his office during the 
term of four years, and together with the Vice-President, chosen 
for the same term, be elected as follows : 

2. Each State shall appoint, in such manner as the legislature 
thereof may direct, a number of electors, equal to the whole num- 
ber of Senators and Representatives to which the State may be en- 
titled in the Congress ; but no Senator or Representative, or per- 
son holding an office of trust or profit under the United States, 
shall be appointed an elector. 

[The electors shall meet in their respective States, and vote by 
ballot for two persons, of whom one at least shall not be an in- 
habitant of the same State with themselves. And they shall make 
a list of all the persons voted for, and of the number of votes for 
each ; which list they shall sign and certify, and transmit sealed to 
the seat of government of the United States, directed to the Presi- 
dent of the Senate. The President of the Senate shall, in the 
presence of the Senate and House of Representatives, open all the 
certificates, and the votes shall then be counted. The person hav- 
ing the greatest number of votes shall be the President, if such 
number be a majority of the whole number of electors appointed ; 
and if there be more than one who have such majority, and have 
an equal number of votes, then the House of Representatives shall 
immediately choose by ballot one of them for President ; and if no 
person have a majority, then from the five highest on the list the 
said house shall in like manner choose the President. But in 
choosing the President the votes shall be taken by States, the rep- 
resentation from each State having one vote ; a quorum for this 
purpose shall consist of a member or members from two thirds of 
the States, and a majority of all the States shall be necessary to a 
choice. In every case, after the choice of the President, the person 
having the greatest number of votes of the electors shall be the 
Vice-President. But if there should remain two or more who have 
equal votes, the Senate shall choose from them by ballot the Vice- 
President. ] 

3. The Congress may determine the time of choosing the electors, 
and the day on which they shall give their votes ; which day shall 
be the same throughout the United States. 

i. No person except a natural born citizen, or a citizen of the 



Constikdion of the United States of America 365 

United States, at the time of the adoption of this Constitution, shall 
be eligible to the office of President ; neither shall any person be 
eligible to that office who shall not have attained to the age of 
thirty-five years, and been fourteen years a resident within the 
United States. 

6. In case of the removal of the President from office or of his 
death, resignation, or inability to discharge the powers and duties 
of the said office, the same shall devolve on the Vice-President, and 
the Congress may by law provide for the case of removal, death, 
resignation, or inability, both of the President and Vice-President, 
declaring what officer shall then act as President, and such officer 
shall act accordingly, until the disability be removed, or a Presi- 
dent shall be elected. 

6. The President shall, at stated times, receive for his services, 
a compensation, which shall neither be increased nor diminished 
during the period for which he shall have been elected, and he shall 
not receive within that period any other emolument from the United 
States, or any of them. 

7. Before he enter on the execution of his office, he shall take 
the following oath or affirmation : — " I do solemnly swear (or af- 
firm) that I will faithfully execute the office of President of the 
United States, and will to the best of my ability, preserve, protect 
and defend the Constitution of the United States." 

Sect. II. 1. The President shall be commander in chief of the 
army and navy of the United States, and of the militia of the 
several States, when called into the actual service of the United 
States ; he may require the opinion, in writing, of the principal 
officer in each of the executive departments, upon any subject re- 
lating to the duties of their respective offices, and he shall have 
power to grant reprieves and pardons for offences against the United 
States, except in cases of impeachment. 

2. He shall have power, by and with the advice and consent of 
the Senate, to make treaties, provided two thirds of the Senators 
present concur ; and he shall nominate, and by and with the advice 
and consent of the Senate, shall appoint ambassadors, other public 
ministers and consuls, judges of the Supreme Court, and all other 
officers of the United States, whose appointments are not herein 
otherwise provided for, and which shall be established by law : but 
the Congress may by law vest the appointment of such inferior 
officers, as they think proper, in the President alone, in the courts of 
law, or in the heads of departments. 



366 Appendix A 

3. The President shall have power to fill up all vacancies that 
may happen during the recess of the Senate, by granting commis- 
sions which shall expire at the end of their next session. 

Sect. III. He shall from time to time give to the Congress in- 
formation of the state of the Union, and recommend to their con- 
sideration such measures as he shall judge necessary and expedient ; 
he may, on extraordinary occasions, convene both houses, or either 
of them, and in case of disagreement between them, with respect 
to the time of adjournment, he may adjourn them to such time as 
he shall think proper ; he shall receive ambassadors and other pub- 
lic ministers ; he shall take care that the laws be faithfully exe- 
cuted, and shall commission all the officers of the United States. 

Sect. IV. The President, Vice-President and all civil officers 
of the United States, shall be removed from office on impeachment 
for, and conviction of, treason, bribery, or other high crimes and 
misdemeanors. 

ARTICLE III. 

Section I. 1. The judicial power of the United States, shall be 
vested in one Supreme Court, and in such inferior courts as Con- 
gress may from time to time ordain and establish. The judges, 
both of the Supreme and inferior courts, shall hold their offices 
during good behavior, and shall, at stated times, receive for their 
services, a compensation, which shall not be diminished during their 
continuance in office. 

Sect. II. 1. The judicial power shall extend to all cases, in law 
and equity, arising under this Constitution, the laws of the United 
States, and treaties made or which shall be made, under their au- 
thority ; — to all cases affecting ambassadors, other public minis- 
ters and consuls ; — to all cases of admiralty jurisdiction ; — to 
controversies to which the United States shall be a party ; — to 
controversies between two or more States ; — between a State and 
citizens of another State ; — between citizens of different States ; 
— between citizens of the same State claiming lands under grants 
of different States, and between a State, or the citizens thereof, 
and foreign states, citizens or subjects. 

2. In all cases affecting ambassadors, other public ministers and 
consuls, and those in which a State shall be a party, the Supreme 
Court shall have original jurisdiction. In all the other cases before 
mentioned, the Supreme Court shall have appellate jurisdiction, 



Constitution of tlie United States of America 367 

both as to law and fact, with such exceptions, and under such reg- 
ulations as the Congress shall make. 

3. The trial of all crimes, except in cases of impeachment, shall 
be by jury ; and such trial shall be held in the State where the said 
crimes shall have been committed ; but when not committed with- 
in any State, the trial shall be at such place or places as- the Con- 
gress may by law have directed. 

Sect. III. 1. Treason against the United States shall consist only 
in levying war against them, or in adhering to their enemies, giving 
them aid and comfort. Xo person shall be convicted of treason 
unless on the testimony of two witnesses to the same overt act, or 
on confession in open court. 

2. The Congress shall have power to declare the punishment of 
treason, but no attainder of treason shall work corruption of blood, 
or forfeiture except during the life of the person attainted. 



AKTICLE IV. 

Section I. FuU faith and credit shall be given in each State to 
the public acts, records, and judicial proceedings of every other 
State. And the Congress may by general laws prescribe the man- 
ner in which such acts, records, and proceedings shall be proved, 
and the effect thereof. 

Sect. II. 1. The citizens of each State shall be entitled to all 
privileges and immunities of citizens in the several States. 

2. A person charged in any State with treason, felony, or other 
crime, who shall flee from justice, and be found in another State, 
shall on demand of the executive authority of the State from 
which he fled, be delivered up, to be removed to the State having 
jurisdiction of the crime. 

3. No person held to service or labor in one State, under the 
laws thereof, escaping into another, shall, in consequence of any 
law or regulation therein, be discharged from such service or labor, 
but shall be delivered up on claim of the party to whom such ser- 
vice or labor may be due. 

Sect. III. 1. New States may be admitted by the Congress into 
this Union ; but no neAv State shall be formed or erected within 
the jurisdiction of any other State ; nor any State be formed by 
the junction of two or more States, or parts of States, without the 
consent of the legislatures of the States concerned as well as of 
the Congress. 



368 Appendix A 

2. The Congress shall have power to dispose of and make all 
needful rules and regulations respecting the territory or other 
property belonging to the United States ; and nothing in this Con- 
stitution shall be so construed as to prejudice any claims of the 
United States, or of any particular State. 

Sect. IV. The United States shall guarantee to every State in 
this Union a republican form of government, and shall protect 
each of them against invasion ; and on application of the legislature, 
or of the executive (when the legislature cannot be convened) 
against domestic violence. 



ARTICLE V. 

The Congress, whenever two thirds of both houses shall deem 
it necessary, shall propose amendments to this Constitution, or, 
on the application of the legislatures of two thirds of the several 
States, shall call a convention for proposing amendments, which, 
in either case shall be valid to all intents and purposes, as part of 
this Constitution, when ratified by the legislatures of three fourths 
of the several States, or by conventions in three fourths thereof, 
as the one or the other mode of ratification may be proposed by 
the Congress ; provided that no amendments which may be made 
prior to the year one thousand eight hundred and eight shall in any 
manner affect the first and fourth clauses in the ninth section of 
the first article; and that no State, without its consent, shall be 
deprived of its equal suffrage in the Senate. 

ARTICLE VI. 

1. All debts contracted and engagements entered into, before the 
adoption of this Constitution, shall be as valid against the United 
States under this Constitution, as under the Confederation. 

2. This Constitution, and the laws of the United States which 
shall be made in pursuance thereof ; and all treaties made, or which 
shall be made, under the authority of the United States, shall be 
the supreme law of the land ; and the judges in every State shall 
be bound thereby, anything in the Constitution or laws of any 
State to the contrary notwithstanding. 

3. The Senators and Representatives before mentioned, and 
the members of the several State legislatures, and all executive 
and judicial officers, both of the United States and of the several 



Constitution of the United States of America 369 

States, shall be bound by oath or affirmation, to support this Con- 
stitution ; but no religious test shall ever be required as a qualifi- 
cation to any office or public trust under the United States. 



ARTICLE VII. 

The ratification of the conventions of nine States, shall be suf- 
ficient for the establishment of this Constitution between the States 
so ratifying the same. 

Done in Convention by the unanimous consent of the States pres- 
ent, the seventeenth day of September in the year of our Lord 
one thousand seven hundred and eighty-seven and of the Inde- 
pendence of the United States of America the twelfth. In wit- 
ness whereof we have hereunto subscribed our names. 



[Signed by] 

New Hampshire. 
John Langdon, 
Nicholas Gilman. 

Massachusetts. 
Nathaniel Gorham, 
Rufus King. 

Connecticut. 



G° Washington, 
Presidi and Deputy from Virginia. 



Pennsylvania. 
B Franklin, 
Thomas Mifflin, 
Robt. Morris, 
Geo. Clymer, 
Tho. Fitz Simons, 
Jared Ingersoll, 



Wm. Saml. Johnson, James "Wilson, 



Roger Sherman. 

New York. 
Alexander Hamilton. 

New Jersey. 
Wil : Livingston, 
David Brearley, 
Wm : Paterson, 
Jona : Dayton. 



Gouv Morris. 

Delaware. 
Geo : Read, 
Gunning Bedford, 

Jun, 
John Dickinson, 
Richard Bassett, 
Jaco : Broom. 

Maryland. 
James McHenry, 
Dan of St. Thos. 

Jenifer, 
Danl Carroll. 

Attest : William Jackson, Secretary 



Virginia. 
John Blair, 
James Madison, Jr. 

North Carolina. 
Wm. Blount, 
Richd. Dobbs Spaight, 
Hu Williamson. 

South Carolina. 
J. Rutledge, 
Charles Cotesworth 

Pinckney, 
Charles Pinckney, 
Pierce Butler. 

Georgia. 
William Fen, 
Abr Baldwin. 



370 Appendix A 

Articles in Addition to and Amendment of the Constitdtion 
OF the United States of America, Proposed by Congress, 
AND Ratified by the Legislatures op the Several States, 
Pursuant to the Fifth Article of the Original Consti- 
tution. 

Article I. — Congress shall make no law respecting an establish- 
ment of religion, or prohibiting the free exercise thereof ; or 
abridging the freedom of speech, or of the press ; or the right of 
the people peaceably to assemble, and to petition the government 
for a redress of grievances. 

Article II. — A well-regulated militia, being necessary to the se- 
curity of a free State, the right of the people to keep and bear 
arms, shall not be infringed. 

Article III. — No soldier shall, in time of peace be quartered in 
any house without the consent of the owner, nor in time of war, 
but in a manner to be prescribed by law. 

Article IV. — The right of the people to be secure in their per- 
sons, houses, papers, and effects, against unreasonable searches and 
seizures, shall not be violated, and no warrants shall issue but upon 
probable cause, supported by oath or affirmation, and particularly 
describing the place to be searched, and the persons or things to 
be seized. 

Article V. — No person shall be held to answer for a capital, or 
otherwise infamous crime, unless on a presentment or indictment of 
a grand jury except in cases arising in the land or naval forces, or 
in the militia, when in actual service in time of war or public dan- 
ger ; nor shall any person be subject for the same offence to be 
twice put in jeopardy of life or limb ; nor shall be compelled in 
any criminal case to be a witness against himself, nor be deprived 
of life, liberty, or property, without due process of law ; nor 
shall private property be taken for public use without just compen- 
sation. 

Article VI. — In all criminal prosecutions the accused shall en- 
joy the right to a speedy and public trial, by an impartial jury of 
the State and district wherein the crime shall have been committed, 
which district shall have been previously ascertained by law, and to 
be informed of the nature and cause of the accusation ; to be con- 
fronted with the witnesses against him ; to have compulsory process 
for obtaining witnesses in his favor, and to have the assistance of 
counsel for his defence. 



Constitution of the United States of America 371 

Article VII. — In suits at common law, where the value in contro- 
versy shall exceed twenty dollars, the right of trial by jury shall be 
preserved, and no fact tried by a jury shall be otherwise re-exam- 
ined in any court of the United States, than according to the rules 
of the common law. 

Article VIII.— Excessive bail shall not be required, nor exces- 
sive fines imposed, nor cruel and unusual punishments inflicted. 

Article IX. — The enumeration in the Constitution, of certain 
rights, shall not be construed to deny or disparage others retained 
by the people. 

Article X.— The powers not delegated to the United States by 
the Constitution, nor prohibited by it to the States, are reserved to 
the States respectively, or to the people. 

Article XI. — The judicial power of the United States shall not 
be construed to extend to any suit in law or equity, commenced or 
prosecuted against one of the United States by citizens of another 
State, or by citizens or subjects of any foreign state. 

Article XII. — 1. The electors shall meet in their respective 
States, and vote by ballot for President and Vice-President, one of 
whom, at least, shall not be an inhabitant of the same State with 
themselves ; they shall name in their ballots the person voted for 
as President, and in distinct ballots the person voted for as Vice- 
President, and they shall make distinct lists of all persons voted for 
as President, and of all persons voted for as Vice-President, and of 
the number of votes for each, which lists they shall sign and cer- 
tify, and transmit sealed to the seat of government of the United 
States, directed to the President of the Senate ; — the President 
of the Senate shall, in the presence of the Senate and House of 
Representatives, open all the certificates and the votes shall then 
be counted ; — the person having the greatest number of votes 
for President shall be the President, if such number be a majority 
of the Avhole number of electors appointed ; and if no person have 
such majority, then from the persons having the highest numbers 
not exceeding three on the list of those voted for as President, the 
House of Representatives shall choose immediately, by ballot, the 
President. But in choosing the President, the votes shall be taken 
by States, the representation from each State having one vote ; a 
quorum for this purpose shall consist of a member or members 
from two thirds of the States, and a majority of all the States shall 
be necessary to a choice. And if the House of Representatives 
shall not choose a President whenever the right of choice shall de- 



372 Appendix A 

volve upon them, before the fourth day of March next following, 
then the Vice-President shall act as President, as in the case of the 
death or other constitutional disability of the President. — The 
person having the greatest number of votes as Vice-President, shall 
be the Vice-President, if such number be a majority of the whole 
number of electors appointed, and if no person have a majority, 
then from the two highest numbers on the list, the Senate shall 
choose the Vice-President ; a quorum for the purpose shall consist 
of two thirds of the whole number of Senators, and a majority of 
the whole number shall be necessary to a choice. But no person 
constitutionally ineligible to the office of President shall be eligible 
to that of Vice-President of the United States. 

Article XIII. — Section 1. Neither slavery nor involuntary ser- 
vitude, except as a punishment for crime whereof the party shall 
have been duly convicted, shall exist within the United States, or 
any place subject to their jurisdiction. 

Section 2. Congress shall have power to enforce this article by 
appropriate legislation. 

Article XIV. — Section 1. All persons born or naturalized in 
the United States, and subject to the jurisdiction thereof, are citi- 
zens of the United States and of the State wherein they reside. No 
State shall make or enforce any law which shall abridge the privi- 
leges or immunities of citizens of the United States ; nor shall any 
State deprive any person of life, liberty, or property, without due 
process of law ; nor deny to any person within its jurisdiction the 
equal protection of the laws. 

Section 2. Representatives shall be apportioned among the several 
States according to their respective numbers, counting the whole 
number of persons in each State, excluding Indians not taxed. But 
when the right to vote at any election for the choice of Electors for 
President and Vice-President of the United States, Representatives 
in Congress, the executive and judicial officers of a State, or the 
members of the legislature thereof, is denied to any of the male in- 
habitants of such State, being twenty-one years of age and citizens 
of the United States, or in any way abridged, except for participation 
in rebellion, or other crime, the basis of representation therein shall 
be reduced in the proportion which the number of such male citi- 
zens shall bear to the whole number of male citizens twenty-one 
years of age in such State. 

Section 3. No person shall be a Senator or Representative in 
Congress, or Elector of President and Vice-President, or hold any 



Constitution of the United States of America 373 

office, civil or military, under the United States, or under any State, 
who, having previously taken an oath, as a member of Congress, or 
as an officer of the United States, or as a member of any State legis- 
lature, or as an executive or judicial officer of any State, to support 
the Constitution of the United States, shall have engaged in insur- 
rection or rebellion against the same, or given aid or comfort to the 
enemies thereof. But Congress may by a vote of two thirds of each 
house, remove such disability. 

Section 4. The validity of the public debt of the United States, 
authorized by law, including debts incurred for payment of pen- 
sions and bounties for services in suppressing insurrection or re- 
bellion, shall not be questioned. But neither the United States nor 
any State shall assume or pay any debt or obligation incurred in aid 
of insurrection or rebellion against the United States, or any claim 
for the loss or emancipation of any slave ; but all such debts, ob- 
ligations, and claims shall be held illegal and void. 

Section 5. The Congress shall have power to enforce by appropri- 
ate legislation the provisions of this article. 

Article XV. — Section 1. The right of citizens of the United 
States to vote shall not be denied or abridged by the United States 
or any State on account of race, color, or previous condition of 
servitude. 

Section 2. The Congress shall have power to enforce this article 
by appropriate legislation. 





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374 



APPENDIX C 



EEFEEENCE BOOKS 

The books named in the lists that follow have been used in the 
preparation of this volume. Those marked (*) are especially 
recommended for high schools. 

Original Sources 

♦American History Leaflets. LovelL 

*Hart, American History Told by Contemporaries. Macmillan. 

Elliot, Debates, 5 volumes. 

♦The Federalist. Scott, Foresman & Co. 

*Madison, Journal of the Constitutional Convention. Scott, 

Foresman & Co. 
♦Old South Leaflets. Heath. 

Publications of the Gro\TER>'3iENX Printing Office, Washington 

♦Abridgment of the President's Message and Accompanying Doc- 
uments. 
Bulletins of the Bureau of American Republics. 
*Civil Service Commission, Annual Reports. 
♦Commissioner of Labor, Annual and Special Reports. 
♦Commissioner of Education, Annual Reports. 
♦Congressional Directory. 
♦Congressional Record. 
Consular Reports. 
Donaldson, Public Domain. 
♦Finance Reports. (Secretary of the Treasury.) 
♦Interstate Commerce Commission, Annual Reports. 
♦Manual and Digest of the House of Representatives. 
♦Public Debt Statement. 
♦Statistical Abstract. 

375 



376 Appendix O 

Special Publications (not by the Government) 

International Prison Conference Eeports. 

Proceedings of the National Conference of Charities and Correc- 
tions. 

General Works 

*Alton, Among the Law Makers. Scribner. 

Andrews, An Honest Dollar. Hartford Student Pub. Co. 

*Andrews, History of the Last Quarter Century. Scribner. 

Bagehot, The English Constitution. Appleton. 

*Bancroft, History of the United States. Appleton. 

*Bliss, Encyclopedia of Social Reform. Funk & Wagnalls Co. 

Boone, Education in the United States. Appleton. 

Brooks, How the Republic is Governed. Scribner. 

*Bryce, American Commonwealth. Macmillan. 

Bullock, Introduction to the Study of Economics. Silver, Bur- 

dett & Co. 
*Burgess, The Middle Period, Scribner. 

*Channing, A Student's History of the United States. Macmillan. 
Cooley, Constitutional Limitations. Little, Brown & Co. 
*Cooley, Principles of Constitutional Law. Little, Brown & Co. 
*Curtis, The United States and Foreign Powers. Scribner. 
*Clow, Introduction to the Study of Commerce. Silver, Bur- 

dett & Co. 
Commons, Proportional Representation. Crowell. 
*Conkling, City Government in the United States. Appleton. 
*Dole, Talks About Law. Houghton, Mifflin & Co. 
Devlin, Municipal Reform in the United States. Putnam. 
Earle, Child Life in Colonial Days. Macmillan. 
Earle, Curious Punishments of By-gone Days. H. E. Stone & 

Co. 
Ely, Problems of To-day. Crowell. 
*Ely, Outlines of Economics. Macmillan. 
Ely, Trusts and Monopolies. Macmillan. 
Ely, Taxation in American States and Cities. Crowell. 
Fisher, S. G., The Evolution of the Constitution of the United 

States. Lippincott. 
*Fisher, The Colonial Era. Scribner. 

*Fiske, Beginnings of New England. Houghton, Mifflin & Co. 
Fiske, Old Virginia and Her Neighbors. Houghton, Mifflin & Co. 



Reference Boohs 377 

*Fiske, American Revolution. Houghton, Mifflin & Co. 

*ri8ke, Critical Period of American History. Houghton, Mifflin 
&Co. 

*riske, Civil Government in the United States. Houghton, 
Mifflin & Co. 

FoUett, The Speaker. Longmans. 

Frothingham, Rise of the Republic. Little, Brown & Co. 

Godkin, Problems of Democracy. Scribner. 

Goodnow, Municipal Problems. Macmillan. 

Grinnell, The Indians of To-day. Stone. 

*Harrison, This Country of Ours. Scribner. 

Hart, Essays on American Government. Longmans, Green & Co. 

*Hart, Formation of the Union. Longmans, Green & Co. 

Hinsdale, The Old Northwest. Silver, Burdett & Co. 

*Hinsdale, The American Government. Werner School Book Co. 

Hitchcock, American State Constitutions. Putnam. 

Plehn, Introduction to Public Finance. Macmillan. 

*Hosmer, Samuel Adams. American Statesmen Series. Hough- 
ton, Mifflin & Co. 

Howe, Taxation and Taxes in the United States Under the In- 
ternal Revenue System. Crowell. 

Jenks, The Trust Problem. McClure, Phillips & Co. 

*Johnston, American Politics. Holt. 

Knox, United States Notes. Scribner. 

Laughlin, Elements of Political Economy. Appleton. 

Lawrence, The Principles of International Law. Heath. 

*Lodge, Alexander Hamilton. American Statesmen Series. 
Houghton, Mifflin & Co. 

*Maey, Our Government. Ginn. 

*Magruder, John Marshall. American Statesmen Series. Hough- 
ton, Mifflin & Co. 

McConachie, Congressional Committees. Crowell. 

*McMaster, History of the People of the United States. Appleton. 

'McLaughlin, History of the American Nation. Appleton. 

Municipal Program, A. Macmillan. 

*Newspaper Almanacs. 

*Noyes, Thirty Years of American Finance (1865-1896). Put- 
nam. 

Remsen, Primary Elections. Putnam. 

Riis, How the Other Half Lives. Scribner. 

Robinson, Elementary Law. Little, Brown & Co. 



378 Appendix G 

*Schouler, History of the United States. Dodd, Mead & Co. 

Seligman, Essays on Taxation. Macmillan. 

Shaw, Municipal Government in Continental Europe. The Cen- 
tury Co. 

Shaw, Municipal Government in Great Britain. The Century Co. 

*Sloane, The French War and the Revolution. Scribner. 

Sparling, Municipal History and Present Organization of the City 
of Chicago. Bulletin 23, University of Wisconsin. 

Stanwood, Hi-story of Presidential Elections. Houghton, MiflBiin 
&Co. 

Stearns, Columbian History of Education in Wisconsin. 

Story, Commentaries on the Constitution. 

Stevens, Sources of the Constitution of the United States. Mac- 
millan. 

Taussig, The Silver Situation in the United States. Putnam. 

♦Taussig, Tariff History of the United States. Putnam. 

Thwaites, The Colonies. Longmans, Green & Co. 

Tolman, Municipal Reform Movements. Revell. 

Tyler, Patrick Henry. American Statesmen Series. Houghton, 
Mifflin «& Co. 

Walker, Political Economy. Holt. 

*Walker, The Making of the Nation. Scribner. 

Watson, History of American Coinage. Putnam. 

Warner, American Charities. Crowell. 

White, Money and Banking. Ginn. 

*Wilcox, The Study of City Government. Macmillan. 

*Wilson, The State. Heath. 

*Wilson, Congressional Government. Houghton, Mifflin & Co. 

*Wilson, Division and Reunion. Longmans, Green & Co. 

Wines and Koren, The Liquor Problem in its Legislative Aspects. 
Houghton, Mifflin & Co. 

Wright, Industrial Evolution of the United States. Flood & Vin- 
cent. 

*Wright, Practical Sociology. Longmans, Green & Co. 



INDEX 



Administrative depabtmests, 

city, 28-30 
Admiaistrative oflBcers, State, 20 
Agriculture, Department of, 297- 

298 
Agricultural colleges, 96 
Alaska, 320 

Albany Congress, 114, 120 
Alexandria Conference, 123 
Amendments to the Constitution, 

chap. 29 
Armapolis Convention. 123-124 
Annapolis Xaval Academy, 302 
Appeals, 73 
Appointment, President's power 

of, 273-275 
Apportionment of flepresenta- 

tives, 142-146 
Appropriation of money, 67 
Appropriations by Congress, 195 
Arbitration, labor, 77, 109 
Arbitration, international, 355-357 
Army of the United fetates, 235, 

236, 241 
Arrest, 71 
Articles of Confederation. 117, 119, 

123, 182, 193 
Assay ofBces, 206 
Assessment, 60 
Attainder, bUl of, 244 
Auditing accounts, 67 
Australian ballot system, 50-51, 56 

Bail, 71 

Ballot, 50-51 

Bank, see National Banks 

Bankruptcy laws, 224-225 

Bills in Congress, chap. 16 

BiU of Rights, State. 11 

Bimetallism, 208, 220-221 

Bland Act, 211 

Bonded warehouse. 184 

Bonds, National, 191-193, 195, 216 

Bonds, official, 23 

Bullion, £06 



Cabinet, chap. 25 

Cabinet system of government, 
178-180, 181 

Calendars in Congress, 169 

Canvass. 51-52 

Capital, location of, 23S-239, 242 

Caucus, 52 

Census of the United States, 144- 
145, 157 

Charitable institutions, chap. 8 

Charters of cities, 27-31 

Chicago, 42 

Chicago riots, 317, 318 

Chinese exclusion, 204 

Church property, taxation of, 69 

Circuit Courts of the United States, 
304-305 

Cities. European. 43^44, 46 

Cities, groT^iih of. 34, 42-43, 46 

Citizen's duty, 57. 59 

Citizenship, 222-224 

City government, chap. 4. 

Civic spirit, 40-41 

Civil cases, 70 

Civil Service Reform in cities. 32- 
33. 46; National. 276-279, 2S1- 
282 

Coins and coinage, chap. 19 

Colonial governments, 9-10 

Colonial relations. 112, 120 

Colonies made States. 11 7 

Commissioner type of local govern- 
ment, 5-6 

Committee system in State legis- 
latures, 82 ; in Congress, chap. 
16 

Committee of the Whole, 171 

Committee, National, 253-254 

Committee on Rules, 175 

Committees of Correspondence, 
121 

Commerce, foreign, 197-199 ; inter- 
state, 199-204 

Commerce, power of Congress 
over, chap. 18 



379 



380 



Index 



Common carriers, 100-101 

Common law, 109 

Conciliation, 77 

Confederation, Articles of, see Ar- 
ticles of Confederation 

Confederation, between 1690 and 
1754, 113-114, 130 

Conference committees, 172 

Congress, Continental, 115-116 
under the Constitution, chap 
14; procedure in, chap. 16, 
powers of, chap. 18 ; sessions 
of, 154-156; special sessions, 280 

Connecticut compromise, 128-129 

Connecticut constitution, 113, 120 

Constitution of U. 8., Appendix 
A ; amendments of, chap. 29 ; 
amendment by usage, 260, 270 ; 
constmction of, 239-241 ; origin 
of, 134-136 ; ratification, 131- 
133 ; signers, 131 

Constitutional convention (1787), 
chap. 13 ; delegates to, 124-125 ; 
compromises, 129-131 ; Madi- 
son's Journal, 126 

Constitutions (State), 10-11 

Consuls, 286-287, 300-301 

Contracts, obligation of, 246 

Conventions, political, 53 

Conventions, National, 252-256 

Conventions, State constitutional, 
10-11 

Copyright, 229-231 

Corporation taxes, 65, 69 

Corrupt practices acts, 56 

Council, city, 27 

County type of local government, 3 

Criminal cases, 70 

Cuba, 323-324 

Custom houses, 183 

Debts of cities, 34, 68 ; of the 
Confederation, 345 ; of U. S., 
191-193, 195 

Declaration of Independence, 116- 
117, 121 

Defectives, 82 

Deficiency bill, 194 

Delinquent taxes, 62 

Departments, executive, chap. 25 

Dependent children, 80 

Diplomatic bureaus, 285-286 

Direct legislation, 14-15, 18 

Direct nomination, 56 

Discrimination by railroads, 201 

Dispensary system, 104, 199 

District of Columbia, 239 

District courts of the U. S., 304 

Duties, customs, 183-185 



Educational systems, chap. 9 
Eight-hour laws, 107-108 
Elections, chap. 5 
Electoral Commission, 261-263 
Electors, Presidential, 250-252, 256- 

264, 269 
Eminent domain, 310, 318 
Equalization of taxes, 61 
European cities, 43-44, 46 
Executive departments, chap. 25 
Exemptions from taxation, 62 
Expenditures, National, 190-191 
Ex post facto laws, 245 

Federalist, The, 133 

Feeble-minded persons, 83 

Fees, official, 23, 66 

Felony, 233 

Filibustering, 176 

Finances, city, 33-35 ; National, 

chap. 17 ; public, chap. 6 
Foreign population of cities, 41 
Franchise taxes, 65, 69 
Franchises, 37-39, 46 
Franklin, Benjamin, 131 ; plan of 

Union, 114 
Free coinage, 207-208 
Free delivery of mail, 328 

Gerrymander, 12, 153-154, 157 
Gladstone, William E., 134 
Gold certificates, 215 
Governors of States, 19-20 
Grand jury, 71, 310-311 

Habeas Corpus, 244 

Hague, Peace Conference, 355-357 

Hamilton, Alexander, 127 

Hawaii, 323 

Health, public, 98-99, 105 

High license, 104 

Home rule for cities, 35, 46 

Homestead law, 333 

House of Representatives, 140, 147 

Illiteracy, 82 

Immigration law, 198-199, 205 

Impeachment, 158, 160 

Implied powers of Congress, 239- 
241, 242 

Inauguration of President, 268- 
270 

Income taxes, State, 65-66, 69 ; Na- 
tional, 188-189, 194 

Independents in politics, 56 

Indeterminate sentence, 34 

Indian Territory, 320-321 

Indians, 144, 296,329 note, 334, 335 



Index 



381 



Indictment, 71 
Industrial education, 110 
Inheritance taxes, 6&-66, 69 
Initiative, 15, 18 
Injunctions, 109, 110 
Insane persons, 18S-183 
Insurance, compulBory, 82, 111 
Interior, department of, 295 
Internal improvements, 242 
Internal revenue system, 185-186 
International arbitration, 355-357 
International lavs^, chap. 32 
Interstate commerce, 199-204 
Interstate commerce law, 201 ; com- 
missioner, 202 

Judgment of the court, 72 
Judicial trials, chap. 7 
Judiciary, city, 28 ; National, chap. 

26; State, 21-22 
Jurisdiction of U. S. courts, 306- 

309 
Justice, department of, 293-294 
Jury, grand, 71, 310-311 ; petit, 72 
Jury system, 75-76, 77 ; trial, 72, 309 

Labob bureaus, 109 ; department 
of, 298 ; legislation, chap. 11 

Land of the U. S., 332-334, 335- 
336 ; grants of, 94^96, 97 

Legacy taxes, 189 

Legal tender, definition, 207 

" Legal tenders," 212-214, 242 

Legislatures, 11-12, 17, 35 ; restric- 
tions upon, 12-13 

Licensed employments, 101-102 

Licenses, 66 

Liquor laws, 102-103, 105-106 

Local option, 103-104 

Lynch law, 76-77 

Machine politics, 55 

Madison's Journal of Constitution- 
al Convention, 126 

Mail matter, classes, 226-227 

Marque, letters of, 246 

MarshaU, John, 314, 325 

Mayor, 27, 30-31 

Message, President's, 280 

Military powers of Congress, 233- 
238, 271, 291 

Mmtia, 70, 237-238 

Mints, 206 

Money of the U. S. , chap. 19 

Mortgages, taxation of, 69 

Municipal art, 47 ; functions, 36 ; 
government, chap. 4 ; ownership 
37-39, 46 



National banks, 217-219 

Natural monopolies, 36 

Naturalization, 222-224 

Navigation laws, 198 

Navy, Department of, 293 ; of the 
U. S., 236-237, 242 

Neutral nations, rights of, 353-354 

New England colonies, 1-3 ; con- 
federation, 113, 120 

New Jersey Plan, 127-129 

New York City, 33-35 

NobiUty, titles of, 245 

Nomination system, 52 ff. 

Non-partisan boards, 30 

Northwest Territory, 319, 334 

Oath of office, 23, 268, 345 
Ordinance of 1787, 319, 334 
Original package case, 199 

Pardons, 272 

Parish, 3 

Patents, 231-232, 241 

Parliament of England, 178-180 

Party government, chap. 5 

Party politics in city government, 

39-40, 46 
Paupers, 79 
Paving, 46 

Penal institutions, chap. 8 
Penn's Plan of Union, 113-114 
Pensions, 295 
Personal property, taxation of, 63, 

64,69 
Philadelphia, 33 note 
Philippines, government of, 321 
Pinckney resolutions, 127 
Piracy, 232 
Plaintiff, 70 
Police, 29 

Police powers, chap. 10 
Poll tax, 66 
Pooling, 201, 204 
Poor in cities, 46-47 
Porto Rico, government of, 322- 

323 
Forts of entry, 183 
Post office, department of, 294 ; 

system, 225-229, 241, 294 
Preamble to the Constitution, 135- 

136 
Preliminary examination, 72 
Presentment, 72 
President of TJ. S., chaps. 22-25; 

election of, chap. 23 
Presidential succession, 265-266 
Primaries, 52 
Primary reform, 56 



382 



Index 



Prison labor, 85-86, 87 

Prisons, 83-84 

Privateers, 334 

Prohibition, 103 

Property tax, see Taxation 

Proportional representation, 13-14, 

18 
Public debt, statement, 193-193 
Public lands, chap. 38 
Puritans, 3 

Quorum in Congress, 160-163, 
176 

Kailroads and interstate 

commerce, 200-204 
Real estate, 63 
Reed, Speaker, 176, 180 
Referendum, 15, 18 
Reform movements, 40-43, 47 
Reformatories, 84, 86 
Refunding of bonds, 192 
Registration, 49-50 
Relief, out-door, 79-80 ; in-door, 80 
Repeating, 49 

Representative government, 13 
Representatives, apportionment of, 

143-146 ; election of, 153-154 ; 

qualifications of, 141 
Reprieve, 372 
Resumption of specie payments, 

213-214 
Revenue bills in Congress, 190 
Riders to appropriation bills, 194 
Roads, 35 

Rotation in oflBce, 276 
Rural delivery of mail, 228-329 

Salaries op Congressmen, 164 

Samoan Islands, 323 

Sanitation, 98-99 ; in cities, 46 

School revenues, 93-94 

Schools, city, 47, 91 ; district, 88 ; 
colonial, 97 ; supervision, 89 flf. 

Selectmen, 2 

Senate of U. S., 147, 157, 177 

Senatorial courtesy, 275 

Senators, qualifications of, 149-150 ; 
election of, 151-153 

Sherman Act, 211 

Ship subsidies, 204 

Silver certificates, 215 

Slave trade, 343-344 

Slavery compromises, 129-131 

Smuggling, 184 

Special assessments, 67 

Speaker of the House of Repre- 
sentatives, 146, 175-176, 181 

Spoils system, 30, 276-377 



Stamp act, 114-115, 131 

Stamp Act Congress, 114-115, 131 

Star routes, 329 

State, Department of, 285-287 

State sovereignty, 350 

States, government, chaps. 2, 3 ; re- 
lations to U. S., chaps. 37, 31 

Streets, 46 

Strikes, 108-109 

Subpoena, 72 

Subsidiary silver, 811 

Sufi'rage, 48-49 ; negro, 141-143 

Sulu Islands, 333, 335 

Summons, 73 

Superintendent of schools, 89-90 

Supervisor system of local govern- 
ment, 5-6 

Supreme Court of U. S., 303 

Survey, U. S. Government, 339-332 

Tariff, 184^185, 194 

Taxation, chap. 6 ; of church prop- 
erty, 69 ; of corporations, 65, 69 ; 
delinquent taxes, 63 ; franchise 
taxes, 65, 69 ; inheritance taxes, 
65-66, 69 ; income taxes, 65 ; local 
and State, 66 flf.; of mortgages, 
69 ; National, 183-191 ; of per- 
sonal property, 63-64 ; poll tax, 
66 

Taxes, direct and indirect, 187-189 

Territorial cases, 335-337 

Territorial delegates, 146 

Territories, chap. 28 

Territory, admission of 327-338; 
western, 339 

Text-book laws, 92 

Town type of local government, 3 ; 
township-county type, 4 

Trade unions, 108 

Tramp problem, 81 

Treason, 312, 313 

Treasury, Department of, 287-290 

Treasury notes, 193, 311, 315-317 

Treaties, 272-273 

Trials, judicial, chap. 9 

Trusts, 303-304 

Tweed Ring, 39 note 

Undervaluation, 63-63 
Unemployed persons, 80-81 
Uniformity of State laws, 15-16 
Union, steps leading to, chap. 12 
United States notes, 212-314 

Vacancies, in House of Repre- 
sentatives, 146 ; in Senate, 148- 
149 

Valuation of property, 60 



Index 



383 



Venire, 72 

Verdict, 72 

Vestry, 3 

Veto, 173, 180 

Vice-President of U. S., 150-151, 

261, 265-266, 267 
Villages, 6 

Virginia local government, 3 
Virginia Plan, 126-129 
Voting, methods in Congress, 170- 

171 



War, declaration of, 233-234 ; De- 
partment of, 291-293 

Weights and measures, standard 
of, 219 

West Point Military Academy, 
292-293. 302 

Whiskey Rebellion, 186, 194 

Woman Suffrage, 48, 58 

Writ of error, 3 

Yeas and Nats, 163 



VitW iQ lci.rw» 



NOV 9 lyot 



